Hong Kong Case Law: Decisions & Judgments

Topic

Estoppel and res judicata

Legal area

Court

16 Jan 1998

HEBEI IMPORT & EXPORT CORPORATION v. POLYTEK ENGINEERING CO. LTD.

Citation

HEBEI IMPORT & EXPORT CORPORATION v. POLYTEK ENGINEERING CO. LTD.
Court

Court of Appeal
Case number

CACV116/1997

The Court allowed the appeal and set aside the leave to enforce and the judgment because the arbitration process involved a serious breach of natural justice and a strong case of apparent bias: the Chief Arbitrator and experts inspected the equipment in the plaintiff's factory in the absence of the defendant and the Tribunal's documents acknowledged 'seminars' by plaintiff's staff to the inspectors, meaning the defendant was deprived of a proper opportunity to present its case; enforcement would therefore violate Hong Kong's most basic notions of morality and justice under s.44(3), and the Be…
30 Dec 1994

KWAN CHUI KWOK YING and Another v. TAO WAI CHUN and others

Citation

KWAN CHUI KWOK YING and Another v. TAO WAI CHUN and others
Court

Court of First Instance
Case number

HCMP2996/1990

Registry marriage under Marriage Ordinance held void because deceased had a living concubine and intended to keep her; nonetheless court found parties had validly contracted a Chinese customary marriage by observance of essential rites and intentions; the 1st plaintiff is lawful surviving widow; the 1st defendant was validly accepted as concubine by wife and family and her children are lawful children; the 15th defendant is lawful and natural son of deceased — Macau documentary evidence insufficient to rebut presumption of legitimacy; prior consent order and settlements did not estop raising…
27 Jun 1984

TSE YUK TIN AND ANOTHER v. CHEE CHEUNG HING & CO LTD AND ANOTHER

Citation

TSE YUK TIN AND ANOTHER v. CHEE CHEUNG HING & CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA9004/1983

Leave to withdraw an admission and amend defence made on the eve of trial will be refused unless the defendant provides a convincing credible explanation for the original error and unless the amendment would not leave the plaintiff in a worse position than at the time of the original pleading, particularly in relation to chances under section 30 Limitation Ordinance; on the facts no sufficient explanation was given and amendment would likely prejudice the plaintiff, therefore leave refused.

Hong Kong Case Law

HEBEI IMPORT & EXPORT CORPORATION v. POLYTEK ENGINEERING CO. LTD.

KWAN CHUI KWOK YING and Another v. TAO WAI CHUN and others

TSE YUK TIN AND ANOTHER v. CHEE CHEUNG HING & CO LTD AND ANOTHER