Hong Kong Case Law: Decisions & Judgments

Topic

Extension of validity of writ

Legal area

Court

19 Jan 2024

LI JIE v. HONG KONG AIRPORT SERVICES LTD

Citation

[2024] HKDC 111
Court

District Court
Case number

DCPI209/2022

The judge upheld the Master's decision: the plaintiff established a 'good reason' for extension—an innocent clerical mistake plausibly caused by the secretary's post-LASIK impaired vision—and on balance of hardship the interest of justice required renewal; the defendant's appeal was dismissed with costs, and technical defects could be cured by retrospective extension if necessary.
9 Jan 2019

CHINA MEDICAL TECHNOLOGIES, INC (In liquidation) v. THE BANK OF EAST ASIA, LTD

Citation

[2019] HKCFI 554
Court

Court of First Instance
Case number

HCA2449/2014

The application for adjournment was dismissed because an adjournment would not produce significant savings in time or resources given diary uncertainties and the Court of Appeal timing, and because material issues (notably alleged abuse of process/limitation and factual determination whether reasons amounted to exceptional circumstances) are not fully covered by the BOC appeal and should be determined at the BEA hearing; the court retained power to direct further submissions if the Court of Appeal judgment is delivered while judgment is reserved.
22 Dec 2016

CHAN KA KUI v. GLOBAL STEVEDORING SERVICE CO LTD AND OTHERS

Citation

CHAN KA KUI v. GLOBAL STEVEDORING SERVICE CO LTD AND OTHERS
Court

District Court
Case number

DCPI2712/2014

The Master\u2019s order was discharged because the ex parte affidavit failed to disclose material facts, notably that the primary three-year limitation period had already expired; additionally the plaintiff did not establish good reason to extend the writ since the failure to serve was a deliberate choice to await legal aid re-assignment and advice when service within the original period was practicable; therefore the discretion to extend was not engaged and relief must be refused.
8 Sept 2014

FWD LIFE INSURANCE COMPANY (BERMUDA) LTD v. SO KWAN HUNG PETER ALSO KNOWN AS SO KWAN HUNG

Citation

FWD LIFE INSURANCE COMPANY (BERMUDA) LTD v. SO KWAN HUNG PETER ALSO KNOWN AS SO KWAN HUNG
Court

Court of First Instance
Case number

HCA918/2011

The appeal was dismissed because the plaintiff failed to demonstrate good cause or a satisfactory explanation to extend the writ's validity under Order 2 r 1 and/or Order 3 r 5; the plaintiff could not properly have renewed the writ under Order 6 r 8, knew the defendant had moved to Mainland China, did not act expeditiously or seek substituted service earlier, and therefore relief was not warranted.
26 Sept 1995

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS

Citation

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS
Court

Court of First Instance
Case number

HCA9616/1993

There was no good reason for the Master to grant the 12‑month renewal because the plaintiffs failed to disclose timing evidence showing they could not have validly served the writ within its original period; consequently the renewal was discharged and the service set aside.

Hong Kong Case Law

LI JIE v. HONG KONG AIRPORT SERVICES LTD

CHINA MEDICAL TECHNOLOGIES, INC (In liquidation) v. THE BANK OF EAST ASIA, LTD

CHAN KA KUI v. GLOBAL STEVEDORING SERVICE CO LTD AND OTHERS

FWD LIFE INSURANCE COMPANY (BERMUDA) LTD v. SO KWAN HUNG PETER ALSO KNOWN AS SO KWAN HUNG

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS