Hong Kong Case Law: Decisions & Judgments

Topic

Jurisdiction of masters

Legal area

Court

14 Mar 2024

V CAPITAL LTD v. MARGARET CHIU

Citation

[2024] HKCA 235
Court

Court of Appeal
Case number

CACV497/2021

The Court exercised its discretion under s22(1)(b) to grant leave to appeal to the Court of Final Appeal on the question whether a High Court Master has jurisdiction to imprison a bankrupt judgment debtor for failure to disclose absent leave under s12(1) because that question is of great general or public importance; the Court refused leave on the retrospective‑leave question as it was discretionary on the facts and not of such general importance.
8 Dec 2023

V CAPITAL LTD v. MARGARET CHIU

Citation

[2023] HKCA 1307
Court

Court of Appeal
Case number

CACV497/2021

An application for the imprisonment of a judgment debtor under Order 49B r1B(1)(c) is a remedy against the person of the bankrupt in respect of the judgment debt and also constitutes "other legal proceedings" within s12(1) of the Bankruptcy Ordinance; therefore, after adjudication in bankruptcy the creditor required leave of the court to continue the committal application. The Master had no power to make the imprisonment order in the absence of such leave. The Court of Appeal declined to grant retrospective leave on the material before it and set aside the committal order.
18 Mar 2016

WING BO BUILDING CONSTRUCTION CO LTD v. DISCREET LTD

Citation

WING BO BUILDING CONSTRUCTION CO LTD v. DISCREET LTD
Court

Court of First Instance
Case number

HCA146/2015

Section 20(8) of the Arbitration Ordinance is a valid legislative choice to preclude appeals from a CFI decision referring parties to arbitration; the provision is constitutional under Basic Law art 82 because it pursues legitimate aims (speed, finality, cost reduction and party autonomy), is rationally connected to those aims and is within the legislature's margin of appreciation; although Master Leong lacked jurisdiction to hear the initial summons, the CFI reheard the matter de novo and was properly constituted to make the referral; accordingly the Leave Summons for permission to appeal th…
25 Mar 1999

CHUNG KAM WING AND ANOTHER v. NON NO FASHION GARMENT LTD.

Citation

CHUNG KAM WING AND ANOTHER v. NON NO FASHION GARMENT LTD.
Court

Court of First Instance
Case number

HCA8575/1994

The appeal was allowed and the order of Master Kwan of 15 January 1999 was set aside because she lacked jurisdiction to impose a condition requiring payment of outstanding government rent and rates that would effectively lift an earlier interim stay granted by Master Lok which had already been complied with; accordingly the stay remained in force and costs were awarded to the Applicant.
11 Feb 1999

LAM FEI HONG v. LAM FEI HONG AND OTHERS

Citation

LAM FEI HONG v. LAM FEI HONG AND OTHERS
Court

Court of First Instance
Case number

HCA5739/1994

The judge varied Master Kwan\'s orders by substituting wording that made plain the stay is conditional: if the specified sums are not paid into court by the stated dates the action is stayed from those dates until such sums are paid into court or the action is dismissed; the court avoided deciding the master\'s jurisdiction issue by treating the notices of appeal as equivalent to liberty to apply or as appeals enabling variation of the orders.
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…

Hong Kong Case Law

V CAPITAL LTD v. MARGARET CHIU

V CAPITAL LTD v. MARGARET CHIU

WING BO BUILDING CONSTRUCTION CO LTD v. DISCREET LTD

CHUNG KAM WING AND ANOTHER v. NON NO FASHION GARMENT LTD.

LAM FEI HONG v. LAM FEI HONG AND OTHERS

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