Hong Kong Case Law: Decisions & Judgments

Topic

Consent to assign

Legal area

Court

17 Apr 2009

IP TSZ LAM ADA v. PEARL WISDOM LTD

Citation

IP TSZ LAM ADA v. PEARL WISDOM LTD
Court

Court of First Instance
Case number

HCA2482/2007

The amendment was dismissed because the proposed cause of action was unsustainable and futile: the contract and authority of the Authorized Person foreclosed implying the pleaded term or vendor vicarious liability for the AP; the plaintiff failed to give the required 28-day notice of rescission so she was deemed to have elected to wait for completion, and therefore the amendment could not succeed.
30 Nov 2007

WONG KWOK YAN AND ANOTHER v. PON CHI LOK

Citation

WONG KWOK YAN AND ANOTHER v. PON CHI LOK
Court

Court of First Instance
Case number

HCMP1379/2007

The vendor failed to prove good title beyond reasonable doubt because prior unconsented encumbrances and prior agreements predated the premium/consent, the Government expressly reserved its rights and had not waived enforcement, and requisitions were not satisfactorily answered; therefore the purchaser remained at practical risk and relief was granted to the plaintiffs.
4 Jul 2006

LOO WAI LING MUSETTA v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

Citation

LOO WAI LING MUSETTA v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4602/2003

The court refused the solicitor defendants' application for a separate preliminary trial of the completion/rescission issue in HCA 4610 and HCA 4737 and refused applications to stay the other related actions because the factual and evidentiary interdependence of issues, likely discovery and witness evidence, the risk of unfairness and increased costs made a split trial and blanket stay neither just nor convenient.
4 Jul 2006

CHAN TUNG v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

Citation

CHAN TUNG v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4733/2003

Applications for separate trial of the preliminary issue in HCA 4610 and 4737 were refused and applications for stays in the related actions were dismissed because a split trial would not be just and convenient: it would cause delay, increased costs, likely appeals, risk loss of evidence and witness availability, and would not serve justice; therefore the normal rule of trying all issues together was upheld.
4 Jul 2006

YEE YICK HONG v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

Citation

YEE YICK HONG v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4669/2003

The court refused the solicitor defendants' applications for trial of a preliminary issue in HCA 4610 and HCA 4737 and dismissed their applications for stays in the related actions because it was not just and convenient to order a split trial: overlapping factual issues (state of completion and alleged negligent advice), likely need for discovery and common witnesses, risk of delay, escalation of costs and prejudice to plaintiffs outweighed the benefits of an early determination of the narrow issue; directions hearing was adjourned and costs to be addressed there; earlier strike-out of plaint…
4 Jul 2006

TIN SHUI WAI DEVELOPMENT LTD v. KAN MOON TONG DANNY AND ANOTHER

Citation

TIN SHUI WAI DEVELOPMENT LTD v. KAN MOON TONG DANNY AND ANOTHER
Court

Court of First Instance
Case number

HCA732/2004

The court refused the applications for a preliminary issue trial and to stay related proceedings because the issues were intertwined with factual disputes requiring discovery and full trial, a split trial would not be sufficiently convenient or just, would increase delay and costs, risk undermining a fair trial and impose undue stress on litigants; accordingly the applications were dismissed and directions hearing adjourned, with costs to be determined at the directions hearing.
4 Jul 2006

YAN SUN KIN AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

Citation

YAN SUN KIN AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4668/2003

Refusal to order a split trial of the preliminary issue and refusal to stay related proceedings: splitting the trial would not be just and convenient because factual issues (completion and alleged solicitors' negligence) require consideration together, anticipated discovery and common witnesses, likely duplication, escalation of costs, delay and risk of prejudice (fading memories and unavailable witnesses) and potential serial appeals; consequently applications for separate preliminary trials and for stays were refused and directions hearing was adjourned with costs to be determined at that h…
4 Jul 2006

LEE MO CHING v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

Citation

LEE MO CHING v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4663/2003

The applications to try the preliminary issue in HCA 4610 and 4737 were refused and the applications to stay the other proceedings were dismissed because a split trial was not just and convenient: separate proceedings would produce delay, duplication, increased costs and prejudice (including fading memories and loss of witnesses), and the issues of completion and alleged solicitor negligence should be tried together.
4 Jul 2006

TIN SHUI WAI DEVELOPMENT LTD v. CHING WAI KING AND ANOTHER

Citation

TIN SHUI WAI DEVELOPMENT LTD v. CHING WAI KING AND ANOTHER
Court

Court of First Instance
Case number

HCA730/2004

The court refused the solicitors' applications for a preliminary issue trial because the disputed completion issue and the negligence issues substantially overlap, the anticipated time and evidence needs did not justify a split trial, split trials would increase delay, cost and risk to a fair trial (including inevitable appeals), and therefore it was not just and convenient to order separate preliminary trials; accordingly the applications for stay of other proceedings were dismissed as unnecessary.
4 Jul 2006

TIN SHUI WAI DEVELOPMENT LTD v. HUNG SZE FAI

Citation

TIN SHUI WAI DEVELOPMENT LTD v. HUNG SZE FAI
Court

Court of First Instance
Case number

HCA1049/2004

The court refused the applications to try the completion/rescission issue as a preliminary issue in HCA 4610 and 4737 and refused to stay the remaining related actions because a split trial would not be just or convenient: it would not save time, would increase costs and delay, risk loss of evidence and prejudice fair trial; accordingly all issues should proceed together and the applications for stay are dismissed; directions hearing adjourned and costs to be determined there; earlier strike-out of plaintiffs' claims against TSW was upheld in the separate strike-out ruling.