Hong Kong Case Law: Decisions & Judgments

Topic

Limitation/statute barred

Legal area

Court

26 Aug 2010

A & M MANUFACTURING AND MARKETING LTD v. IU PO SHING

Citation

A & M MANUFACTURING AND MARKETING LTD v. IU PO SHING
Court

District Court
Case number

DCCJ2153/2003

The court found the second period of delay (about 27 months) to be inordinate and inexcusable, that the lapse of time caused presumed serious prejudice (fading memory and potential loss/unavailability of witnesses and documents) and that the plaintiff's extended inactivity and failure to comply with court directions amounted to an abuse of process; therefore it was fair to strike out the action.
7 Jan 2010

GERMAIN ELECTRONIC LTD v. LDB SALES CO LTD

Citation

GERMAIN ELECTRONIC LTD v. LDB SALES CO LTD
Court

Court of First Instance
Case number

HCCW259/2009

The court held that the statutory demands could not be set aside because the costs order of 24 April 2008, as certified by the allocatur, created a valid joint and several debt against the Company and Mr and Mrs Chaiko who had asserted a counterclaim in their personal capacity; the allocatur stood because it had not been challenged at taxation and no successful appeal or review had been obtained, and therefore the creditor was entitled to enforce the debt and present bankruptcy petitions; the winding up petition was unopposed and a winding up order was made.
23 Mar 2007

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

Citation

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
Court

Court of Appeal
Case number

CACV134/2006

The Court allowed the re-amendment and granted leave to join intermediate subsidiaries: where joinder may be necessary and there are no substantive objections and no material prejudice or delay, it is preferable to add parties and permit amendments at appellate level to enable the action to proceed expeditiously.

Hong Kong Case Law

A & M MANUFACTURING AND MARKETING LTD v. IU PO SHING

GERMAIN ELECTRONIC LTD v. LDB SALES CO LTD

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS