Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Variation of sealed orders

Legal area

Court

22 Jul 2020

EXCELLENT INVESTMENT (GROUP) LIMITED (IN LIQUIDATION) v. SIN YUK LING

Citation

[2020] HKCFI 1675
Court

Court of First Instance
Case number

HCCW294/2012

The summons was dismissed because the Order of 3 August 2016 is clear and required no further directions; the rules cited do not permit use of O 44 r 3 to vary a sealed order to relieve liability and any dispute about specific cost items is for taxation, not for reopening the Order.
20 Dec 2019

WONG WAI TUNG v. LAM CHUN FUNG AND ANOTHER

Citation

[2019] HKCFI 3034
Court

Court of First Instance
Case number

HCCW150/2018

A winding-up prayer included without particular pleaded reasons is an abuse of process and will be struck out; in such circumstances the court will order higher costs (common fund basis with a certificate for counsel). The Companies Court possesses statutory power under s182 to vary validation orders when circumstances change, although sealed costs orders are generally functus unless costs in the cause were obtained earlier.