Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ejectment/possession

Legal area

Court

12 Sept 2016

MASTER UNIVERSE DEVELOPMENT LTD v. MASS OCEAN INTERNATIONAL LTD AND OTHERS

Citation

MASTER UNIVERSE DEVELOPMENT LTD v. MASS OCEAN INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1295/2015

The summonses were dismissed because the pleadings and affidavit evidence raised credible, interwoven factual issues (allegations of sham leases, collusion, alter ego relationships, inducement not to register and possible breach of trust) that could defeat the prima facie effect of registration under ss 3-4 LRO; those issues required investigation, discovery and trial and were not appropriate for final determination under Order 14A or striking out under Order 18 r.19.
22 Feb 1971

HO SHIU-KWONG v. AU-YEUNG LEUNG t/a SZE SEK LADIES SHOES AND ANOTHER

Citation

HO SHIU-KWONG v. AU-YEUNG LEUNG t/a SZE SEK LADIES SHOES AND ANOTHER
Court

Court of Appeal
Case number

CACV28/1970

The Full Court held that the Commissioner had no jurisdiction to set aside a concluded consent judgment entered on 16 May 1970; a consent order embodying parties' agreement, when perfected into a judgment, cannot be reopened by the Commissioner in the absence of fraud, mistake or fresh proceedings; equitable doctrines regarding relief against forfeiture and 'time not of the essence' do not authorize varying a concluded consent judgment under the circumstances and the plaintiff was entitled to judgment and payment out of sums in court.