Hong Kong Case Law: Decisions & Judgments

Topic

Discovery and particulars

Legal area

Court

14 Sept 2021

HYDROTECH WATERPROOFING SOLUTIONS LTD v. SHUN YUEN CONSTRUCTION CO LTD

Citation

[2021] HKCFI 2785
Court

Court of First Instance
Case number

HCCT44/2020

The application to amend was refused (except for parts consented by the defendant) because the proposed amendments were made late (nine weeks before trial), were unparticularised, introduced new causes of action and serious allegations that would prejudice the defendant and disrupt trial preparation, and therefore permitting them would be unfair and contrary to the court's duty to secure a just resolution under the case management rules.
7 Oct 2009

THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS

Citation

THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
Court

Court of First Instance
Case number

HCCW735/2002

The application to strike out was dismissed: although there was an inordinate and inexcusable period of two years' inactivity, the respondents failed to establish the required causal prejudice or substantial risk that a fair trial would be impossible and there was no cogent objective evidence of an intention by the liquidators to abandon or 'warehouse' the proceedings; limitation and other legal defences were reasonably arguable and ought be litigated at trial or on specific interlocutory applications rather than by strike out.
21 Feb 1984

GOBIND MOHAN AND ANOTHER v. HUTCHISON INTERNATIONAL LTD

Citation

GOBIND MOHAN AND ANOTHER v. HUTCHISON INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1047/1981

Court found plaintiffs caused inordinate and inexcusable post-writ delay in 1983; although abuse of process was established for conduct at 7 Jan 1983 the delay attributable to that abuse was negligible, but cumulative delay (including late start) created a substantial risk that a fair trial is no longer possible and caused serious prejudice (reputational and operational 'Biss' type prejudice and practical difficulties tracing witnesses/documents); plaintiffs' explanations were insufficient and court exercised discretion to dismiss the action for want of prosecution.
22 Nov 1979

TAI HING COTTON MILL LTD v. LIU CHONG HING BANK LTD AND OTHERS

Citation

TAI HING COTTON MILL LTD v. LIU CHONG HING BANK LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1488/1978

The court disallowed the proposed amendments to paragraphs 5(A)(2) and 5(B)(2) because the pleadings were ambiguous, improperly pleaded and verge on pleading evidence and rejoinder material; paragraph 6(4) was allowed to stand but without prejudice to plaintiffs' application to strike out the whole of paragraph 6; paragraph 11(A) was permitted to remain as it raised arguable issues of adoption/ratification and negligence for trial; the proposed further material in paragraph 12 was disallowed as an impermissible fishing expedition though the defendant may aver authorisation of payments once pl…

Hong Kong Case Law

HYDROTECH WATERPROOFING SOLUTIONS LTD v. SHUN YUEN CONSTRUCTION CO LTD

THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS

GOBIND MOHAN AND ANOTHER v. HUTCHISON INTERNATIONAL LTD

TAI HING COTTON MILL LTD v. LIU CHONG HING BANK LTD AND OTHERS