Hong Kong Case Law: Decisions & Judgments

Topic

Demurrer

Legal area

Court

19 Jul 2021

RELIANCE CREDIT LTD (formerly known as ASSET BRIDGE DEVELOPMENT LTD) v. CARNIVAL GROUP INTERNATIONL HOLDINGS LTD

Citation

[2021] HKCFI 2133
Court

Court of First Instance
Case number

HCCW66/2021

Because an earlier petition existed and the petitioner failed to address the procedural irregularity promptly, the court dismissed the later petition and ordered the petitioner to pay the Company's and the Officer Receiver's costs; additionally the petition was noted to be demurrable for failing to plead facts satisfying the core requirements for a Bermuda company.
12 Nov 2020

RE POINTER & DENT CO LTD

Citation

[2020] HKCFI 2823
Court

Court of First Instance
Case number

HCCW142/2020

The petition was adjourned because the determinative issue—whether the subscription offers were accepted and therefore whether the payments constituted a debt or were recoverable in restitution—was unclear from the petition and statutory demand; the ambiguity and potential demurrer required further evidence rather than summary determination.
1 Jun 2018

TAO SOH NGUN (also known as LO TO LI KWAN or LO TO LEE KWAN) v. HSBC INTERNATIONAL TRUSTEE LTD

Citation

[2018] HKCFI 1495
Court

Court of First Instance
Case number

HCA355/2018

The court allowed the amendments because the matters sought to be incorporated were already pleaded in the Reply and in issue between the parties, no new factual averments were introduced, and there was no element of surprise or prejudice; accordingly pleading gross negligence as a legal conclusion on existing facts was permitted and the defendant's application for adjournment was refused.
19 Oct 2015

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS

Citation

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS
Court

Court of First Instance
Case number

HCA1359/2014

Given prior substantive rulings that the Estoppel, MLO and Agency Points did not raise serious issues to be tried and that the proposed MLO and Agency causes would have been struck out, the amended statement of claim in HCA1359 constituted an abuse of process and was frivolous; accordingly it disclosed no reasonable cause of action and was struck out and the action dismissed. Similarly, specified paragraphs of the defences in HCA1341 were incurably bad and struck out as unarguable.

Hong Kong Case Law

RELIANCE CREDIT LTD (formerly known as ASSET BRIDGE DEVELOPMENT LTD) v. CARNIVAL GROUP INTERNATIONL HOLDINGS LTD

RE POINTER & DENT CO LTD

TAO SOH NGUN (also known as LO TO LI KWAN or LO TO LEE KWAN) v. HSBC INTERNATIONAL TRUSTEE LTD

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS