Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Collateral attack on court orders
  • 2 Mar 2021

    黃德忠及另一人 對 黃炳城

    Citation
    [2021] HKCFI 501
    Court
    Court of First Instance
    Case number
    HCMP2188/2017

    The court refused all three summons applications: the costs order dated 11 Aug 2020 is valid and plaintiffs may proceed with costs assessment under O.62 r.21; non-sale of the land within the six-month period does not deprive plaintiffs of the right to enforce the costs order and parties should apply if they seek extension or variation; the defendant cannot use these summons to collaterally attack or overturn earlier orders or obtain declaratory relief regarding title; the public notice was lawful; defendant must pay plaintiffs' costs of the summons to be taxed unless agreed.