Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Consent order (tomlin order)

Legal area

Court

21 Mar 2018

WANG HO YIN PATRICK v. FU CHUN LUNG AND ANOTHER

Citation

[2018] HKDC 301
Court

District Court
Case number

DCCJ4814/2014

The summons was totally misconceived, issued without proper legal or factual foundation and pursued oppressively such that indemnity costs were justified; therefore all costs of and occasioned by the summons are to be paid by the Plaintiff to the 1st Defendant on an indemnity basis with certificate for counsel, and a summary assessment fixes those costs at HK$375,000 payable forthwith by the Plaintiff.
4 Apr 2001

COLLIERS JARDINE MANAGEMENT LTD. v. NATURAL WAY DEVELOPMENT LTD. AND OTHERS

Citation

COLLIERS JARDINE MANAGEMENT LTD. v. NATURAL WAY DEVELOPMENT LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV1067/2000

The Court held that the Consent Order did not automatically bar the applicant from suing for new breaches of the Deed of Mutual Covenant arising from chimneys erected in 1999/2000 because those works were not shown to conform to the annexed plans or reasonable modifications; the Judge at the Lands Tribunal was wrong to strike out paragraphs 1(a), 2(a) and 2(e); whether the Consent Order covers the complained works and whether the 3rd respondent is entitled to rely on it are factual matters for trial; therefore the striking out is set aside and the matter remitted to the Lands Tribunal for tri…