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
- CACV99/1990
The Court allowed the appeals, holding the High Court judge erred in treating motions to strike out as inappropriate simply because they were brought by Notice of Motion rather than by summons before a Master; there is no rule or Practice Direction in Hong Kong preventing a judge from hearing such motions and a judge should not, by individual ruling, impose a new practice direction; the proper course is to restore the motions to the High Court for hearing; the Court of Appeal declined to hear the substantive striking‑out applications because it would be exercising original jurisdiction not co…