Hong Kong Case Law: Decisions & Judgments

Topic

Irregularity

Legal area

Court

5 Sept 2001

The Incorporated Owners of Jade Mansion v. Chan Lan Nui

Citation

The Incorporated Owners of Jade Mansion v. Chan Lan Nui
Court

Lands Tribunal
Case number

LDBM87/2001

The Tribunal held the incorrect application number resulted from a Registry clerical/administrative error that did not affect the substance of the proceedings, the Registry rectified the error before the summons, the Applicant complied with filing and service obligations and informed the Respondent of the correct number, the error did not prejudice the Respondent and did not justify setting aside service or the Notice; the request for production of the envelope was irrelevant; consequently the summons was dismissed except that no order was made on item 3, and costs were awarded to the Applica…
15 Oct 1998

NG WAH KWAI IDI AND OTHERS v. TSE YIM HING MARY

Citation

NG WAH KWAI IDI AND OTHERS v. TSE YIM HING MARY
Court

Court of First Instance
Case number

HCA1911/1997

The application to set aside the default judgment was dismissed because the court found the judgment was regular and the defendant had notice and acted upon it (including removing the wall and attending taxation hearings); the defendant's substantial delay and approbation of the judgment precluded relief under Order 2 r 2(1) and, on the merits, the applicant did not meet the high threshold required under Order 13 r 9 and Premier Fashion to justify setting aside a regular default judgment.
16 Feb 1990

TAK LAM HONG LTD v. PERFECT KNITTING FACTORY LTD

Citation

TAK LAM HONG LTD v. PERFECT KNITTING FACTORY LTD
Court

Court of First Instance
Case number

HCA5950/1989

The Master erred in holding the judgment irregular; service and entry of default judgment were regular and the defendant failed to demonstrate any arguable defence (no credible evidence of oral warranty, failure of consideration or that the pledge agreement extinguished the plaintiff's rights). Therefore the default judgment entered 8 November 1989 is restored and costs are awarded to the plaintiff.
14 Dec 1984

THE QUEEN v. LUK YIU-KWONG

Citation

THE QUEEN v. LUK YIU-KWONG
Court

Court of Appeal
Case number

CACC389/1984

When an accomplice's evidence implicates one defendant but exculpates another the judge must direct the jury that if the accomplice's evidence alone raises a doubt as to the second defendant's guilt they should acquit him; failure to give that direction is an irregularity not cured by the proviso.

Hong Kong Case Law

The Incorporated Owners of Jade Mansion v. Chan Lan Nui

NG WAH KWAI IDI AND OTHERS v. TSE YIM HING MARY

TAK LAM HONG LTD v. PERFECT KNITTING FACTORY LTD

THE QUEEN v. LUK YIU-KWONG