Hong Kong Case Law: Decisions & Judgments

Topic

Balance of hardship

Legal area

Court

30 Mar 2021

ALLIED WELI DEVELOPMENT LTD (In Liquidation) AND ANOTHER v. CHUANG YUE CHIEN, EUGENE AND OTHERS

Citation

[2021] HKCFI 854
Court

Court of First Instance
Case number

HCA57/2018

The court dismissed the application for leave to appeal because it concluded the China Medical principles were correctly applied to the materially different facts of this case, that good reason existed to extend the unserved writ to allow liquidators to preserve potential claims, there was no material non-disclosure, and no reasonable prospect of success on the grounds advanced.
1 Nov 2006

GRAND PACIFIC EQUITY LTD v. R.S.H. SPORTS (HK) LTD AND OTHERS

Citation

GRAND PACIFIC EQUITY LTD v. R.S.H. SPORTS (HK) LTD AND OTHERS
Court

Court of Appeal
Case number

CACV99/2006

Chow Ching Man is binding; Yam J erred in setting aside Master Kwan's renewal because the Plaintiff made multiple unsuccessful attempts to serve the 3rd Defendant within the original writ validity period and within the limitation period, which constituted a 'good reason' that supported renewal and would have fed the earlier grant of leave; absent any error in the discretionary exercise the renewal should be upheld and the appeal allowed.
18 Jan 2006

WAAN CHUEN MING v. LO KIN NAM t/a KAR KIN ENGINEERING & SUPPLIER CO AND OTHERS

Citation

WAAN CHUEN MING v. LO KIN NAM t/a KAR KIN ENGINEERING & SUPPLIER CO AND OTHERS
Court

Court of Appeal
Case number

CACV112/2005

The Court of Appeal dismissed the appeal and upheld the judge's exercise of discretion to maintain the master's extension of the writ because the short one‑week delay, the defendants' actual knowledge of the claim and amended statement of claim before expiry, ongoing discovery disputes and the complexity of employer attribution provided sufficient justification and amounted to no clear error of law or fact warranting interference.
29 Apr 2003

THE DELTA PLA

Citation

THE DELTA PLA
Court

Court of First Instance
Case number

HCAJ31/2002

No good reason or satisfactory explanation was shown for the retrospective renewal of the expired writ; solicitor oversight does not meet the required standard and the change of ownership of the vessel causes overwhelming prejudice to the new owners; accordingly the ex parte renewal and warrant of arrest ordered on 9 April 2003 were set aside and the vessel ordered released with costs to defendants and interveners.
10 Jul 1996

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS

Citation

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS
Court

Court of Appeal
Case number

CACV212/1995

Where failure to serve a writ within its validity period is deliberate, no discretion to extend arises unless the plaintiff shows a reason capable of amounting to a 'good reason' under O.6 r.8(2); the plaintiffs' choice to delay service so the writ could be accompanied by the statement of claim and special damages did not amount to such a good reason, so the extension was rightly discharged and the appeals must be dismissed.
14 Nov 1995

MICHAEL JOSEPH NETHERBY v. THE PERSONAL REPRESENTATIVE OF DEREK GEOFFREY HININGS, deceased

Citation

MICHAEL JOSEPH NETHERBY v. THE PERSONAL REPRESENTATIVE OF DEREK GEOFFREY HININGS, deceased
Court

Court of First Instance
Case number

HCA2418/1993

Plaintiff failed to demonstrate any 'good reason' for not obtaining an Order 15 appointment and for failing to serve the writ within the periods of validity; the plaintiff's solicitors failed to address the Master's reasonable queries and to take available steps to obtain an appointment; estoppel cannot validate a nullity; accordingly no extension of the writ is granted and the appeal is dismissed.
26 Sept 1995

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS

Citation

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS
Court

Court of First Instance
Case number

HCA9616/1993

There was no good reason for the Master to grant the 12‑month renewal because the plaintiffs failed to disclose timing evidence showing they could not have validly served the writ within its original period; consequently the renewal was discharged and the service set aside.

Hong Kong Case Law

ALLIED WELI DEVELOPMENT LTD (In Liquidation) AND ANOTHER v. CHUANG YUE CHIEN, EUGENE AND OTHERS

GRAND PACIFIC EQUITY LTD v. R.S.H. SPORTS (HK) LTD AND OTHERS

WAAN CHUEN MING v. LO KIN NAM t/a KAR KIN ENGINEERING & SUPPLIER CO AND OTHERS

THE DELTA PLA

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS

MICHAEL JOSEPH NETHERBY v. THE PERSONAL REPRESENTATIVE OF DEREK GEOFFREY HININGS, deceased

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS