Hong Kong Case Law: Decisions & Judgments

Topic

Forum jurisdiction

Legal area

Court

19 Jun 2013

LAU KWAI SHEUNG v. TRADE EASY DEVELOPMENT LTD

Citation

LAU KWAI SHEUNG v. TRADE EASY DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCPI552/2010

On the objective test at commencement the plaintiff did not have a reasonable prospect of recovering more than the District Court limit given the trivial mechanism, soft tissue nature, lack of objective findings, expert opinions that she could return to prior work and the instability of claimed earnings; therefore costs of the action (except costs of this application) are to be taxed at District Court scale.
18 Nov 2011

A.O. SMITH ELECTRICAL PRODUCTS (CHANGZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS

Citation

A.O. SMITH ELECTRICAL PRODUCTS (CHANGZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
Court

Court of First Instance
Case number

HCAJ198/2009

The LOU constituted submission to Hong Kong jurisdiction and procedural law only; the Waybills, read as a whole, expressly make carriage involving US ports subject to US COGSA (cls.7(2) and 26(2)), thereby excluding the PRC Maritime Code in that situation; consequently US COGSA limits apply to these carriages. However, had PRC law been compulsorily applicable the PRC Maritime Code would override any lower US COGSA limit.
23 May 2005

FAN SIU KWAN v. KAMAN FASHION CO LTD

Citation

FAN SIU KWAN v. KAMAN FASHION CO LTD
Court

Court of First Instance
Case number

HCPI334/2004

After deducting the employees' compensation payment of HK$87,700 and applying a reasonable assessment of quantum (accepting a 40% partial loss of earnings, 16 months full pre-trial loss and PSLA up to HK$250,000) the plaintiff had a reasonable prospect of recovering an aggregate amount close to HK$1,000,000 at the time the writ was issued; therefore costs are to be taxed on the High Court Scale.
21 Dec 1995

HO LAU HING v. WU MING LOK

Citation

HO LAU HING v. WU MING LOK
Court

Court of First Instance
Case number

HCPI464/1995

The court held that the plaintiff reasonably chose transfer to St. Teresa's and that, in the absence of contrary evidence, the treating doctor's decision to admit and follow up justified awarding the full claimed medical expenses; general damages for pain, suffering and loss of amenity were assessed at HK$25,000; special damages and interest were awarded as assessed and costs were ordered on the District Court scale.
19 Oct 1995

ARABIAN AMERICAN INSURANCE CO. (BAHRAIN) E.C. v. GRAND UNION INSURANCE CO. LTD. and Another

Citation

ARABIAN AMERICAN INSURANCE CO. (BAHRAIN) E.C. v. GRAND UNION INSURANCE CO. LTD. and Another
Court

Court of First Instance
Case number

HCCL45/1995

The application is dismissed because the Second Defendant is a proper and necessary party and the fact that the First Defendant is in liquidation or may be unable to satisfy a judgment does not, without additional substantial factors, render the proceedings not bona fide or justify setting aside leave to serve out of the jurisdiction.

Hong Kong Case Law

LAU KWAI SHEUNG v. TRADE EASY DEVELOPMENT LTD

A.O. SMITH ELECTRICAL PRODUCTS (CHANGZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS

FAN SIU KWAN v. KAMAN FASHION CO LTD

HO LAU HING v. WU MING LOK

ARABIAN AMERICAN INSURANCE CO. (BAHRAIN) E.C. v. GRAND UNION INSURANCE CO. LTD. and Another