Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Construction of procedural rules

Legal area

Court

23 Nov 2018

LAW YIN POK BOSCO v. DR. CHAN YEE SHING also known as DR. CHAN YEE SHING ALVIN

Citation

[2018] HKCFI 2604
Court

Court of First Instance
Case number

HCPI369/2010

The court exercised its discretion to refuse leave to amend because the proposed amendments were unnecessary or redundant given prior procedural orders and adjudications, the core legal issue (construction of Order 22 and Order 80 as to sanctioned payments for infants) could be determined on paper without amendment, and prior conduct demonstrated repetitive and unnecessary attempts to amend; accordingly the defendant's amendment summons was dismissed and costs ordered.
27 May 1986

YAU FOOK HONG CO., LTD., AND OTHERS v. PANG CHEUNG SO

Citation

YAU FOOK HONG CO., LTD., AND OTHERS v. PANG CHEUNG SO
Court

Court of Appeal
Case number

CACV28/1986

The court held that the word "rescission" in R.S.C. Order 86 r.1(1)(b) is not confined to rescission ab initio and includes the acceptance of a repudiatory breach terminating the contract; therefore claims for such rescission together with damages flowing from that rescission can properly be brought and determined under Order 86 summary procedure where the claim fits within paragraphs (a),(b) or (c). The Master's Orders were restored with modifications and the Judge in Chambers' orders were set aside.