Hong Kong Case Law: Decisions & Judgments

Topic

Trial scheduling and adjournment

Legal area

Court

9 Jun 2014

LPC v. CYC, THE ADMINISTRATOR OF THE ESTATE OF CHS, THE DECEASED

Citation

LPC v. CYC, THE ADMINISTRATOR OF THE ESTATE OF CHS, THE DECEASED
Court

Family Court
Case number

FCMP61/2012

Retrospective leave to file the 7th Affirmation was refused because the proposed amendment sought to introduce a new and substantial claim (that the applicant was wife under a void marriage) which, on the material facts and prior findings, could not constitute a void marriage but at best a non-marriage; the application was unacceptably late with no satisfactory explanation and would cause real prejudice to the respondent by requiring further evidence and adjournment of the fixed trial date. No exceptional circumstances existed to justify postponing trial, so the 7th Affirmation must be expung…
3 Mar 1994

HO CHING CHEONG and Others v. THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA Others

Citation

HO CHING CHEONG and Others v. THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA Others
Court

Court of Appeal
Case number

CACV13/1994

The Court of Appeal held that the trial dates fixed for 14 March 1994 must be vacated and refixed (to 10 October 1994) because, on the materials and circumstances, the defendants could not fairly be ready to trial in the time available; the balance of prejudice favoured adjournment and there was a material change of circumstances warranting that the parts of the judge's orders adjourning the defendants' applications to discharge the Mareva injunctions to trial be set aside so the defendants could apply afresh to the judge.

Hong Kong Case Law

LPC v. CYC, THE ADMINISTRATOR OF THE ESTATE OF CHS, THE DECEASED

HO CHING CHEONG and Others v. THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA Others