Hong Kong Case Law: Decisions & Judgments

Topic

Discovery and evidence

Legal area

Court

10 Jun 2022

SUMMER PIONEER HOLDINGS LTD v. HNA GROUP (INTERNATIONAL) CO LTD

Citation

[2022] HKCFI 1691
Court

Court of First Instance
Case number

HCA488/2021

The court dismissed the Plaintiff's summons; it refused to strike out the pleaded implied term and the discharge-by-conduct defence because both raised factual and/or unsettled legal issues that could not be resolved summarily; the court declined to determine on strike out whether the Brunskill rule applies to indemnities and directed that costs follow the event in favour of the Defendant.
7 Apr 1992

CHAN SAU MUI AND OTHERS v. DIRECTOR OF IMMIGRATION

Citation

CHAN SAU MUI AND OTHERS v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCMP356/1992

Where there is an arguable case that the decision-maker relied upon a non-existent material consideration (family support) such that the decision may be Wednesbury unreasonable, the court will exercise its discretion to permit cross-examination of the decision-maker's affidavit limited to that issue to resolve the factual dispute; accordingly the interlocutory application for cross-examination is allowed.
9 Jul 1991

EVERSHINE CORPORATION LTD AND ANOTHER v. SAMUEL & INVESTORS LTD AND OTHERS

Citation

EVERSHINE CORPORATION LTD AND ANOTHER v. SAMUEL & INVESTORS LTD AND OTHERS
Court

Court of Appeal
Case number

CACV42/1991

Although there was inordinate and inexcusable delay in presenting or prosecuting the winding up petitions, the judge correctly held there was no substantial risk of an unfair trial nor evidence of serious prejudice to the companies or to Mr Lee; therefore striking out was not justified and the Court of Appeal dismissed the appeals.

Hong Kong Case Law

SUMMER PIONEER HOLDINGS LTD v. HNA GROUP (INTERNATIONAL) CO LTD

CHAN SAU MUI AND OTHERS v. DIRECTOR OF IMMIGRATION

EVERSHINE CORPORATION LTD AND ANOTHER v. SAMUEL & INVESTORS LTD AND OTHERS