Hong Kong Case Law: Decisions & Judgments

Topic

Continuation as if begun by writ

Legal area

Court

15 May 2017

STANDARD CHARTERED BANK (HONG KONG) LTD v. PAK KWAN HO AND ANOTHER

Citation

STANDARD CHARTERED BANK (HONG KONG) LTD v. PAK KWAN HO AND ANOTHER
Court

Court of First Instance
Case number

HCMP1637/2015

The court found the 2nd defendants evidence insufficient to raise any genuine or substantial issues of fact (affirmation was thin, lacking particulars on undue influence and misrepresentation and material change argument appeared pure legal argument) and, having regard to delay since commencement, refused to treat the originating summons as begun by writ; the matter was fixed for substantive hearing with one day reserved.
11 Mar 2011

CORONA LAND COM LTD v. LO YUM KWEI

Citation

CORONA LAND COM LTD v. LO YUM KWEI
Court

District Court
Case number

DCMP2106/2010

The Court exercised its discretion to award costs of the application (including Certificate for Counsel for the hearing) to the Defendant as costs in the cause because the Plaintiff failed to anticipate the factual disputes revealed by the Defendant's affidavit and relied on material treated as hearsay under Order 113; the appropriate procedural course was to continue the action as if begun by writ with specified directions, and costs follow from those circumstances.
18 Apr 2007

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS

Citation

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS
Court

Court of Appeal
Case number

CACV413/2006

The appeal is dismissed because there was no real continued duplication or abuse of process: the applicants undertook to discontinue the duplicate proceeding, factual disputes existed that made striking out inappropriate on affirmation evidence, and therefore the judge correctly exercised her discretion to dismiss the respondents' strike out application and to order costs in favour of the applicants.
12 Mar 1999

CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS

Citation

CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS
Court

Court of First Instance
Case number

HCMP775/1995

Because the facts were hotly disputed and spanned a long period such that laches could not be safely determined interlocutorily, the striking out application was dismissed but the appeal allowing conversion to continue as if begun by writ was allowed to secure the discipline of pleadings and proper case management.

Hong Kong Case Law

STANDARD CHARTERED BANK (HONG KONG) LTD v. PAK KWAN HO AND ANOTHER

CORONA LAND COM LTD v. LO YUM KWEI

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS

CHAN WAI MING AND ANOTHER v. CHAN WAI LUN AND OTHERS