Hong Kong Case Law: Decisions & Judgments

Topic

Discretionary appellate review

Legal area

Court

13 Oct 2022

有關 LEUNG OI FONG 的事宜

Citation

[2022] HKCA 1513
Court

Court of Appeal
Case number

CACV583/2021

The appellate court upheld the bankruptcy order because the debtor failed to raise an effective defence: she did not commence any counterclaim, offered new evidence that was not before the trial judge and failed to meet Ladd v Marshall, and there was no legal error in the trial judge's exercise of discretion or in the procedures surrounding the sale of the charged property; accordingly the appeal was dismissed and costs were awarded to the applicant.
22 May 2012

CHEUNG CHI PO v. KE JUN XIANG

Citation

CHEUNG CHI PO v. KE JUN XIANG
Court

Court of Appeal
Case number

CACV170/2011

The promissory note's express acknowledgment that HK$25,000,000 was received by the defendant meant he had no substantial defence to the debt claim; the Judge below erred in demanding the plaintiff produce further evidence of lending, but because the plaintiff's pleaded case differed from his affidavit the Court imposed a conditional setting aside requiring payment into court of HK$25,000,000 within 28 days.
6 Jan 2009

KEEN LLOYD ENERGY LTD v. BANK OF CHINA (HONG KONG) LTD

Citation

KEEN LLOYD ENERGY LTD v. BANK OF CHINA (HONG KONG) LTD
Court

Court of Appeal
Case number

CACV36/2008

Leave to appeal was refused because no question of great general or public importance arose; the judge had not erred in refusing to admit the fresh evidence; on the merits the defendant was entitled to withdraw facilities, the statements were promises rather than actionable representations of fact, no actionable loss was pleaded and the 2006 claim was time-barred; and the appellant did not demonstrate the exceptional circumstances necessary under the "or otherwise" ground to justify leave to the Court of Final Appeal.
7 Mar 2007

TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER

Citation

TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER
Court

Court of Appeal
Case number

CACV68/2006

The Court dismissed the appeal, holding the judge did not err in exercising his discretion: the proceedings fell within the non-hostile trustee‑direction category warranting a pre-emptive costs order to enable the court to obtain necessary assistance; the fund's substantial surplus justified placing defendants in funds; and costs are to be paid from the fund and taxed on a trustee basis with the taxing master to resolve reasonableness issues.

Hong Kong Case Law

有關 LEUNG OI FONG 的事宜

CHEUNG CHI PO v. KE JUN XIANG

KEEN LLOYD ENERGY LTD v. BANK OF CHINA (HONG KONG) LTD

TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER