Hong Kong Case Law: Decisions & Judgments

Topic

Concurrent proceedings

Legal area

Court

19 Jul 2024

CHEUNG LIK HANG v. SECRETARY FOR JUSTICE for and on behalf of THE COMMISSIONER OF POLICE

Citation

[2024] HKCFI 1855
Court

Court of First Instance
Case number

HCPI20/2023

The court accepted the parties' joint application to vacate the scheduled trial but refused to dispose of the matter solely on the basis of a joint letter; it required the plaintiff, the TNTL (employer/legal aid counsel) and the DoJ to file and serve detailed positions, and directed the parties to jointly propose case management directions including the option to split the trial into liability and quantum, concluding that liability-only trial remained a workable option pending resolution of related proceedings.
27 Sept 2018

GM-SA also known as DG,M S v. DDPJ

Citation

[2018] HKFC 164
Court

Family Court
Case number

FCMC9657/2016

The District Court has jurisdiction to hear the wife's 8 February 2018 summons because the consent dismissal of claims was conditional on undertakings that have not been complied with, the court retains jurisdiction over its own orders and the liberty to apply permits implementation and enforcement proceedings despite concurrent High Court litigation.
16 Mar 2010

PIONEER GLOBAL MANAGEMENT LTD v. REDHILL PROPERTIES LTD

Citation

PIONEER GLOBAL MANAGEMENT LTD v. REDHILL PROPERTIES LTD
Court

District Court
Case number

DCCJ1938/2009

The court found no abuse of process: settlement of the substantive claim in arbitration did not automatically justify striking out the court action, non-compliance with O.25 did not require dismissal where the court could treat the hearing as case management, and the court was in a position to decide costs without a full trial; accordingly the O.18 strike out failed, the O.25 dismissal was not granted, leave to discontinue was given to the plaintiff and Redhill was ordered to pay Pioneer's costs except for O.25 which costs were awarded to Redhill, with taxation if not agreed.
7 Jan 1997

SUBHASH CHANDRA AND ANOTHER v. MICHAEL JOHNSON

Citation

SUBHASH CHANDRA AND ANOTHER v. MICHAEL JOHNSON
Court

Court of First Instance
Case number

HCA900/1995

Stay granted because India is the clearly more appropriate forum: substantially identical causes of action were already litigated in Delhi with lengthy evidence and a judgment; the matters have their real and substantial connection with India; convenience and choice of law favor India; and the defendant is not deprived of any material advantage by a stay.

Hong Kong Case Law

CHEUNG LIK HANG v. SECRETARY FOR JUSTICE for and on behalf of THE COMMISSIONER OF POLICE

GM-SA also known as DG,M S v. DDPJ

PIONEER GLOBAL MANAGEMENT LTD v. REDHILL PROPERTIES LTD

SUBHASH CHANDRA AND ANOTHER v. MICHAEL JOHNSON