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Hong Kong Case Law

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Trusts and proprietary remedies [2026] HKDC 813

WONG SHING TAT v. WONG MEI LIN AND ANOTHER

The District Court dismissed applications to sever a joint tenancy and to replace a guardian ad litem, holding it lacked MHO jurisdiction and found no basis for removal.

  • Guardian ad litem appointment/removal
  • Severance of joint tenancy
  • Jurisdiction under mental health ordinance s10a
  • Costs orders
  • Powers of litigation friend
  • Guardian-ad-litem
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Probate [2026] HKCFI 2738

田勤先as executor of the estate of 田家庚, deceased 對 田珍妮

Defendant's explanation for non-attendance was not reasonable because the adjourned date was given in open court and no timely prompt was required; two subpoenas were unnecessary as plaintiff agreed to call the witnesses and had applied for subpoenas, the appeal/leave application was out of time and lacked reasonable prospects, and the third subpoena failed because the defendant made no attempt to contact the proposed witness; accordingly the restoration application was refused and costs awarded to the plaintiff.

  • Restoration of struck-out applications
  • Subpoenas/witness summons
  • Service and notice
  • Costs orders
  • Extension of time for leave to appeal
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Civil procedure [2026] HKCFI 2367

LI LI HONG v. CHEN DI AND ANOTHER

The court refused to make the O.14 costs entirely in the cause, holding the plaintiff should have stopped after opposition evidence and pay later costs.

  • Summary judgment
  • Leave to defend
  • Costs orders
  • Order 14 rhc
  • Construction of guarantee
  • Interlocutory costs
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Bankruptcy [2026] HKCFI 2157

有關郭文英以勤學樂園之名營業(勤學樂園)的事宜

The debt is founded on valid and enforceable court orders; the debtor did not comply with the statutory demand, failed to show a bona fide dispute on substantial grounds or provide credible evidence to impugn the judgments, and the debtor's appeals were dismissed; accordingly a bankruptcy order was proper.

  • Bankruptcy petition
  • Judgment debt
  • Statutory demand
  • Costs orders
  • Bona fide dispute on substantial grounds
  • Res judicata
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Civil [2026] HKCA 609

CHAN SHU LAM v. CHAN CHAU WAH

The Court of Appeal refused renewed leave to appeal against a costs order in a probate and constructive trust dispute, finding no arguable error of principle.

  • Will validity
  • Probate grant
  • Common intention constructive trust
  • Costs orders
  • Leave to appeal
  • Probate
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Civil [2026] HKCFI 2031

BGA HOLDINGS LTD (IN LIQUIDATION) (formerly known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD AND OTHERS v. CHU KONG AND OTHERS

法院批准上訴許可的修訂及新證據申請部分理由,並只就與 Lohas Transaction 有關的第 2(cc) 及第 3 點批出上訴許可。

  • Mareva injunction
  • Ladd v marshall new evidence criteria
  • Risk of dissipation
  • Valuation evidence and quantum
  • Balance of convenience
  • Leave to appeal under s14aa
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Money lending law [2026] HKCA 601

PREMIER CAPITAL MANAGEMENT LTD v. SO WANG FUNG AND ANOTHER

The Court of Appeal held that $180,000 withheld to service interest was not extra interest for ERI purposes, but $333,417 paid to the intermediary reduced the principal, making the loan unenforceable.

  • Effective rate of interest (eri) under mlo s24
  • Definition of interest and principal s2(1),(3) mlo
  • Set off and remedies for collusion s27(3)-(4) mlo
  • Agency/collusion between lender and intermediary
  • Double counting in eri calculation
  • Costs orders
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Civil procedure [2026] HKDC 502

CHOW CHI YI v. POON TAK LUN (also known as 潘德鄰)

Appeal dismissed. The District Court held that the defendant should be allowed to adduce a second expert report, mainly because one technical issue was not adequately addressed by the single joint expert.

  • Admission of additional expert
  • Single joint expert
  • Allocation of expert evidence
  • Water seepage causation
  • Costs orders
  • Single-joint-expert
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Landlord and tenant [2026] HKLdT 12

伍樂詩 對 張朗賢

The Tribunal found on the evidence that the landlord, by conduct, permitted Lam Chi Tat to act as her agent and that his communications created apparent authority; coupled with the parties' conduct leading to a drafted cancellation agreement and arrangements for 14 August 2025, the landlord was bound by that arrangement and could not later repudiate it. Given those findings and the procedural circumstances, the Tribunal exercised its power under the Ordinance to stay/set aside the costs order made on 16 January 2026 and declined to award costs in respect of the respondent's 20 January 2026 no…

  • Stay/set aside of judgment
  • Costs orders
  • Apparent/ostensible authority
  • Formation of settlement agreement
  • Service of process/notice
  • Default judgment
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Civil procedure [2026] HKCA 403

譚 對 歐陽

The Court dismissed the first respondent's application to set aside the Court of Appeal's costs orders because the Court of Final Appeal's decision did not mandate setting aside and the costs orders properly reflected the procedural history; the application lacked a legal basis.

  • Costs orders
  • Application to set aside order
  • Final appeal rules
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.