Hong Kong Case Law: Decisions & Judgments

Topic

Correction of clerical errors

Legal area

Court

11 Mar 2019

BAH MOHAMED BACHIR v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2019] HKCA 280
Court

Court of Appeal
Case number

CACV556/2018

Because the applicant produced documentary evidence showing the court had dispatched the wrong notice of hearing, the presumption of effective service was rebutted; the error was clerical and within the court's power to correct under Order 20 rule 11, and consequently the earlier judgment was set aside and the appeal remitted for a new hearing with proper notice and an opportunity to lodge a skeleton argument at least 28 days beforehand.
26 May 1997

BRIAN DLUGASH v. ED MAYERS

Citation

BRIAN DLUGASH v. ED MAYERS
Court

Court of First Instance
Case number

HCA8423/1994

The court held that Mr Dickson was validly appointed as an expert with jurisdiction under the composite Deed/Letter/Agreement to make interim and final determinations including specified adjustments; his interim determinations were lawful; challenges failed because defendant did not prove material departure from instructions, egregious unfairness, fundamental flaw or disqualifying bias; the expert had implied power to correct clerical errors; accordingly plaintiff entitled to US$487,976 plus interest and defendant's counterclaim dismissed.
18 Oct 1984

COLONIAL TREASURER INCORPORATED v. FOOK HONG ENTERPRISES COMPANY LIMITED

Citation

COLONIAL TREASURER INCORPORATED v. FOOK HONG ENTERPRISES COMPANY LIMITED
Court

Court of Appeal
Case number

CACV123/1984

The Court held that for the purposes of the Landlord and Tenant (Consolidation) Ordinance the effective rateable values on 10 June 1983 are those fixed by the Lands Tribunal with effect from 1 April 1983 under Part IX of the Rating Ordinance; administrative delay in physically amending the list does not prevent the retrospective effect of the Tribunal's determination from being recognized, and allowing tenants to rely on such administrative or valuation errors to obtain decontrol would be inconsistent with the statutory scheme.

Hong Kong Case Law

BAH MOHAMED BACHIR v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

BRIAN DLUGASH v. ED MAYERS

COLONIAL TREASURER INCORPORATED v. FOOK HONG ENTERPRISES COMPANY LIMITED