Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Form of proceedings
  • 5 Oct 1990

    GREAT PERFECT INVESTMENT LTD. v. LEUNG YAT WAH AND OTHERS

    Citation
    GREAT PERFECT INVESTMENT LTD. v. LEUNG YAT WAH AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV97/1990

    The judge erred in dismissing the striking‑out motions solely because they were brought by Notice of Motion rather than summons before a Master; there is no rule precluding such motions and a judge must not impose a new procedural rule under the guise of regulating his court. The correct remedy is to allow the appeals, set aside the dismissal orders and restore the motions for hearing before Jones J or another High Court judge. The Court of Appeal will not entertain the substantive striking‑out applications as that would involve exercising original jurisdiction beyond its statutory remit.