Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bona fides of party
  • 21 Feb 2014

    HAU HON SHEK v. CHUNG FU CHEUNG

    Citation
    HAU HON SHEK v. CHUNG FU CHEUNG
    Court
    Court of First Instance
    Case number
    HCA1731/2011

    The master erred in striking out the defendant's affirmation; on a de novo hearing the alleged misstatement of address was not established on contested affirmation evidence, did not affect identification of the deponent or the conduct of the claim, was capable of rectification, and striking out would risk inconsistency with a separate hearing on noncompliance with an unless order, therefore the appeal is allowed and the affirmation should not be struck out.