Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Construction of regulatory determinations

Legal area

Court

7 Jun 2000

CABLE & WIRELESS HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.

Citation

CABLE & WIRELESS HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.
Court

Court of First Instance
Case number

HCCL229/1999

The court granted leave to amend because the proposed amendments were not incontestably bad in law, arose from the same factual matrix already argued on the Order 14A application, raised issues more properly decided at trial on evidence, and therefore should proceed; consequential procedural directions and costs orders were made.
5 Apr 2000

CABLE & WIRELESS HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.

Citation

CABLE & WIRELESS HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.
Court

Court of First Instance
Case number

HCCL229/1999

The application for a summary construction under Order 14A was refused because material factual disputes (including the nature of the alleged 'refiling' diversion, regulatory policy context, expert disagreement on technical terms like 'delivery', possible amendments and change of position/mistake defences) were interwoven with the legal issues; summary determination on assumed facts would be premature and could prejudice the discovery/trial process, so the court declined to exercise its discretion to decide the construction at this interlocutory stage.