Hong Kong Case Law: Decisions & Judgments

Topic

Amendment of party name

Legal area

Court

28 Sept 2020

CHEUNG, JOSEPH WAI LEUK v. CHAN KWOK PING AND OTHERS

Citation

[2020] HKCFI 2546
Court

Court of First Instance
Case number

HCPI264/2012

The court allocated costs according to the outcomes of each appeal and interlocutory application: the plaintiff's appeal allowing reinstatement against the 2nd defendant entitles the plaintiff to costs from the 2nd defendant (including 70% of the 27/11/2014 hearing); leave to amend the 2nd defendant's name leads to costs in the cause for that amendment; the plaintiff's withdrawal of the discovery appeal results in the plaintiff paying the 2nd defendant's costs of that appeal; the 5/8/14 summary assessment costs are to be paid by the 2nd defendant to the plaintiff; Ip Chun's appeal allowing jo…
22 Nov 2018

RE WONG FUK CHEUNG DAVID

Citation

[2018] HKCFI 2646
Court

Court of First Instance
Case number

HCMP1919/2018

Because Chau Kwai-lan held the legal estate on trust for the applicant, Chau died leaving no personal representative, a valid notice of severance had been given creating a tenancy in common, and there were no other persons requiring service or contesting the application, the court was entitled under section 45 Trustee Ordinance to make a vesting order vesting the legal estate in the applicant and to grant the amendment to the applicant's name.
11 Mar 2011

CORONA LAND COM LTD v. LO YUM KWEI

Citation

CORONA LAND COM LTD v. LO YUM KWEI
Court

District Court
Case number

DCMP2106/2010

The Court exercised its discretion to award costs of the application (including Certificate for Counsel for the hearing) to the Defendant as costs in the cause because the Plaintiff failed to anticipate the factual disputes revealed by the Defendant's affidavit and relied on material treated as hearsay under Order 113; the appropriate procedural course was to continue the action as if begun by writ with specified directions, and costs follow from those circumstances.
18 Jul 1995

UNITED SMART DEVELOPMENT LTD. v. TREASURE LAND PROPERTY CONSULTANTS (a firm)

Citation

UNITED SMART DEVELOPMENT LTD. v. TREASURE LAND PROPERTY CONSULTANTS (a firm)
Court

Court of Appeal
Case number

CACV76/1995

Order 10 r.1 does not displace the Companies Ordinance and Interpretation Ordinance; service on a company by registered post is governed by s.356 read with s.8 and the time of service is a question of fact to be proved; the judge erred in taking judicial notice of a four‑day delivery time without evidence; on the merits the defendant demonstrated a real prospect of success because the pleadings did not aver sale through an agent and there were substantive issues about whether the sub-sale fell within the sole agency period.
3 Apr 1987

LAM MAN KING v. LEE KIEN SUM AND ANOTHER

Citation

LAM MAN KING v. LEE KIEN SUM AND ANOTHER
Court

Court of Appeal
Case number

CACV12/1987

The Court allowed the appeal, rejecting the District Court's finding of total failure of consideration because 70,000 components had been delivered and paid and the plaintiff remained willing to deliver the balance; accordingly the plaintiff was entitled to judgment for HK$21,840 with interest at 8% per annum from the date of the writ, and leave was granted to amend the plaintiff's name on the writ subject to conditions including filing within 48 hours and an order nisi with a 14‑day period for defendants to apply.
22 Mar 1968

WONG MING CHUN t/a TAI TAK SCHOOL v. YAM TAT NIN AND OTHERS

Citation

WONG MING CHUN t/a TAI TAK SCHOOL v. YAM TAT NIN AND OTHERS
Court

Court of First Instance
Case number

HCA1348/1967

Amendment to plaintiff's name was allowed as a curable irregularity, but the publications taken in their ordinary meaning were not defamatory of the plaintiff individually: the term "leftist" was not defamatory in ordinary meaning and the plaintiff failed to plead particulars and adduce evidence to support extensive legal innuendos; possession of inflammatory posters could be defamatory but the pleadings and evidence did not establish that the plaintiff was personally libelled. Accordingly judgement for defendants with costs.
22 Mar 1968

WONG MING CHUN t/a TAI TAK SCHOOL v. POON YAN CHEUNG AND OTHERS

Citation

WONG MING CHUN t/a TAI TAK SCHOOL v. POON YAN CHEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA1344/1967

Although some published allegations (possession of inflammatory posters) were capable of defamatory meaning, the plaintiff failed to plead particulars to support extensive legal innuendos and failed to prove she was personally the person libelled; amendment to correct style was permitted but did not cure the absence of pleaded and proved particulars, and accordingly judgment for defendants was entered.
22 Mar 1968

WONG MING CHUN t/a TAI TAK SCHOOL v. CHEN HSUN YU AND OTHERS

Citation

WONG MING CHUN t/a TAI TAK SCHOOL v. CHEN HSUN YU AND OTHERS
Court

Court of First Instance
Case number

HCA1343/1967

Amendment of the plaintiff's name to show a sole proprietorship was permitted as a curable irregularity, but on the merits the publications were not shown to libel the plaintiff individually: 'leftist' and allegation of possession of sharpened iron bars were not defamatory in ordinary meaning, and plaintiff failed to plead particulars or adduce evidence to support the extended innuendos; accordingly judgment for defendants with costs.
22 Mar 1968

WONG MING CHUN t/a TAI TAK SCHOOL v. WAI PING WOON AND OTHERS

Citation

WONG MING CHUN t/a TAI TAK SCHOOL v. WAI PING WOON AND OTHERS
Court

Court of First Instance
Case number

HCA1347/1967

Plaintiff's failure to plead particulars for the alleged legal innuendos and lack of evidence that the words as published bore the alleged defamatory meanings in their ordinary sense meant the innuendos could not be sustained; 'inflammatory posters' could be defamatory because regulated by Emergency Regulations but 'sharpened iron bars' and the description 'leftist school' were not defamatory per se; the plaintiff (an individual) was not established to have been personally libelled by articles about the school; amendment of the plaintiff's name was allowed but did not save the libel claims; j…
22 Mar 1968

WONG MING CHUN t/a TAI TAK SCHOOL v. LO NAI HO AND OTHERS

Citation

WONG MING CHUN t/a TAI TAK SCHOOL v. LO NAI HO AND OTHERS
Court

Court of First Instance
Case number

HCA1351/1967

The court held that while falsely alleging possession of inflammatory posters could be defamatory, the term 'leftist' was not inherently libellous in its ordinary meaning; the plaintiff failed to plead particulars to support the extensive innuendos alleged and failed to prove she was personally libelled by reports concerning the school; the amendment to the plaintiff's title was allowed as a curable irregularity; accordingly judgment was entered for the defendants with costs.