Hong Kong Case Law: Decisions & Judgments

Topic

Adjournment procedure

Legal area

Court

31 May 2022

朱對何

Citation

[2022] HKFC 115
Court

Family Court
Case number

FCMC851/2020

The court gave significant weight to the child's expressed,ifiable wishes given her age and maturity and to consistent social work findings that the child was flourishing with the father and aunt; there was no credible evidence that the father had harassed the mother or child to justify a return/occupation order under s3, and therefore joint custody with father having care and control and limited monthly day visits for the mother was granted while the return order was dismissed.
23 Oct 2001

OVERSEAS TRUST BANK LTD. v. MORAL TACT CO. LTD. AND OTHERS

Citation

OVERSEAS TRUST BANK LTD. v. MORAL TACT CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP1254/2000

The appeal was dismissed for want of prosecution because the adjournment application was procedurally defective (not made by summons nor supported by affidavit/medical evidence despite prior direction) and the defendants failed to appear; costs were awarded to the plaintiff, to be taxed if not agreed, on an indemnity basis pursuant to the mortgage and guarantee provisions.
30 Mar 2000

HKSAR v. SZE KONG SANG, PETER

Citation

HKSAR v. SZE KONG SANG, PETER
Court

Court of First Instance
Case number

HCMA71/2000

Because the magistrate properly invited and considered the appellant's position on a defence witness and adjournment, and because the magistrate expressly evaluated and preferred the police officer's evidence over the appellant's account, the appellate court will not disturb the conviction; the appeal is dismissed.
23 Jul 1992

THE QUEEN v. LAM KA LAI, ROGER

Citation

THE QUEEN v. LAM KA LAI, ROGER
Court

Court of Appeal
Case number

CACC80/1992

Because the solicitors provided a manifestly inadequate time estimate and counsel acknowledged the hearing would overrun, the judge refused to hear the bail application and ordered it adjourned to a date to be fixed by the Clerk of Court on the basis of a realistic time estimate; solicitors bear responsibility for accurate estimates and counsel must alert solicitors if more time is required.
20 Jul 1988

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS

Citation

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP1055/1988

Leave to appeal was refused because applicants failed to establish standing as registered owners or present cogent, admissible evidence justifying intervention, no adjournment request appeared on the record, the issues were largely academic given equitable positions, and the trial judge properly exercised discretion on both the substantive orders and costs.

Hong Kong Case Law

朱 對 何

OVERSEAS TRUST BANK LTD. v. MORAL TACT CO. LTD. AND OTHERS

HKSAR v. SZE KONG SANG, PETER

THE QUEEN v. LAM KA LAI, ROGER

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS

朱對何