Hong Kong Case Law: Decisions & Judgments

Topic

Jurisdictional challenge

Legal area

Court

13 Nov 2025

楊天宏對吳粵宇及另一人

Citation

[2025] HKCA 996
Court

Court of Appeal
Case number

CAMP40/2025

The court accepted the plaintiff’s evidential account that the amended originating summons was personally tendered and refused by the first defendant, such attempted handover satisfied the Regional Court Rules for service; the first defendant therefore failed to file the required acknowledgements/defence, the registration and consequential orders complied with applicable rules, and the proposed grounds of appeal did not have a reasonable prospect of success, so leave to appeal was refused and costs awarded.
11 Nov 2025

P v. D

Citation

[2025] HKCFI 5424
Court

Court of First Instance
Case number

HCCT107/2025

On the evidence and authorities the court reached a provisional conclusion that there was at least a prima facie (and if necessary compelling) case that the disputes concerning the Alleged Settlement Agreement fall within the ambit of the wide arbitration clauses in the Agreements because the Alleged Settlement Agreement derives from and settles issues under those Agreements and draft supplemental deeds incorporated arbitration; the applicant acted promptly; comity and delay did not outweigh enforcement of the arbitration agreement; substituted service was properly ordered given game playing;…
13 Oct 2025

CTBC BANK CO., LTD. V. INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED

Citation

[2025] HKCFI 4966
Court

Court of First Instance
Case number

HCCL3/2024

The Defendant failed to show good reasons for a stay pending appeal: although leave to appeal was granted (so the appeal is arguable), the balance of prejudice favoured the Plaintiff because the potential prejudice to the Plaintiff (risk of losing witnesses and trial scheduling difficulties) was not readily compensable by costs, the costs at risk were modest compared with the claim, and practical case management could address timing or conflict concerns; accordingly the summons for a stay was dismissed.
25 Aug 2025

FOUR TREASURE ZHUHAI LTD v. ZHUHAI GREENERY HOTEL COMPANY LTD

Citation

[2025] HKCFI 3819
Court

Court of First Instance
Case number

HCMP2109/2022

Leave to appeal was refused and stay dismissed because the court properly characterised the dispute as an in personam contractual remedy enforceable in personam in Hong Kong rather than a dispute about title to foreign land engaging the Moçambique rule; no exceptional reasons justified refusing the non-exclusive jurisdiction clause; the Nisi Order was varied so that D pays 90% of the costs of the Jurisdiction Summons and 80% of the costs of the specified hearings with a certificate for two counsel, taxed if not agreed; other costs directions made accordingly.
23 Jun 2025

刘佩宝對腾讯控股有限公司

Citation

[2025] HKCA 582
Court

Court of Appeal
Case number

CACV213/2024

Permission to appeal was refused because the appellant failed to demonstrate that the proposed appeal involved issues of wide or public importance or any other exceptional reasons under s22; the appellant's submissions were unsupported by evidence or legal authority and therefore did not meet the threshold for certification to the Court of Final Appeal.
25 Mar 2024

谷翠香對业主立案法團

Citation

[2024] HKCFI 888
Court

Court of First Instance
Case number

HCSA11/2024

The court found the adjudicator acted within the statutory discretion under s25 to strike out claims that were frivolous, vexatious and unsupported by evidence; there was no error of law or excess of jurisdiction, and therefore leave to appeal was refused.
25 Mar 2024

谷翠香對教育路福照樓業主立案法團

Citation

[2024] HKCFI 888
Court

Court of First Instance
Case number

HCSA10/2024

The court held the tribunal properly exercised its discretion under s25 to strike out the three claims as frivolous, vexatious and unsupported by evidence; the appellant failed to demonstrate any legal error or jurisdictional issue warranting leave to appeal under s28(1); leave was therefore refused and no costs order was made.
16 Feb 2024

AAA AND OTHERS v. DDD

Citation

[2024] HKCFI 513
Court

Court of First Instance
Case number

HCCT39/2023

The court set aside the tribunal's jurisdictional decision because the tribunal was appointed and confirmed only under the Loan Agreement/Amendment Agreement and therefore lacked jurisdiction to decide payment claims under the separate Promissory Note whose arbitration clause was not invoked or considered by HKIAC; the payment claims fall within the centre of gravity of the Promissory Note's dispute resolution clause and must be arbitrated under that clause.
4 Nov 2022

YIP CHI WAN (suing by her attorney, LO CHI ON) LO CHI ON v. THE INCORPORATED OWNERS OF MERRY COURT, KOWLOON AND ANOTHER

Citation

[2022] HKDC 1264
Court

District Court
Case number

DCCJ6265/2020

s.20(1) Arbitration Ordinance operates independently of Order 12 rule 8; TP established a prima facie arbitration agreement in Clause 11.4 read in context and the court must refer the dispute to arbitration; consequently the third party proceedings were stayed and all further proceedings in respect of the defendant's claim against TP were referred to arbitration; costs ordered to TP on an indemnity basis.
6 Oct 2022

RE CARNIVAL GROUP INTERNATIONAL HOLDINGS LTD

Citation

[2022] HKCFI 3097
Court

Court of First Instance
Case number

HCCW48/2020

The judge found that the 2nd to 5th respondents caused the Company to continue to oppose the Petition on an unjustified jurisdictional ground despite there being no realistic prospect of implementing a global restructuring (notably no approach to major immigration bondholders and clear barriers to onshore realisations), and that they failed to take the responsible course of full disclosure and seeking time; accordingly the 2nd to 5th respondents were ordered personally to pay the costs of and occasioned by the Company’s opposition at the 23 August 2022 hearing, while the 6th and 7th responden…