Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discontinuance of action

Legal area

Court

18 Jan 2024

AU DIN HAR ELLEN v. AU YEE WAN also known as YEE WAN AU AND OTHERS

Citation

[2024] HKCFI 199
Court

Court of First Instance
Case number

HCA1591/2022

The Master’s order of 13 June 2023 is set aside because the plaintiff was entitled to discontinue the action without leave and the defendants failed to establish estoppel or consent sufficient to revive jurisdiction; the Notice of Discontinuance took effect on service and costs consequences under O.62 r.10 followed; having considered conduct and incurred steps, the court made no order as to costs for the subsequent period.
24 Apr 2012

WONG WAN CHUEN v. WONG HING YEE AND ANOTHER

Citation

WONG WAN CHUEN v. WONG HING YEE AND ANOTHER
Court

Court of First Instance
Case number

HCA4324/2003

The Notice of Discontinuance served on 9 June 2009 validly terminated the High Court action; there is no ruleed avenue to withdraw a valid notice of discontinuance and the court will not exercise inherent jurisdiction to set it aside on the facts here; accordingly the action had ceased and the three summonses (to amend pleadings, to set aside/withdraw discontinuance and to renew the writ) were dismissed, registration of the writ against the property to be vacated and costs awarded to defendants.