21 May 2020
ESSILOR MANUFACTURING (THAILAND) CO., LTD v. WONG KAM WAI (TRADING AS SUN WAI LOK HK INTERNATIONAL COMPANY) AND OTHERS
- Citation
- [2020] HKCA 351
- Court
- Court of Appeal
- Case number
- CACV71/2020
The ex parte injunctions lapsed immediately after the specified return date of 7 February 2020 because the order language must be strictly construed; the dies non/common law extension does not apply where it was possible for the applicant to procure the inter partes hearing (including via Duty Judge) and therefore the Judge erred in refusing to consider the plaintiff's application only on the basis of lapse; the summons must be considered on its merits in the Court of First Instance and the matter is remitted.