Hong Kong Case Law: Decisions & Judgments

Topic

Limitation (time bar)

Legal area

Court

8 Nov 2024

PATRICK HUNG HING YU v. HO YIN MAN AND OTHERS

Citation

[2024] HKCFI 3186
Court

Court of First Instance
Case number

HCA92/2007

Although the plaintiff’s inactivity from 2018 to 2023 was inordinate and inexcusable, it did not amount to an abuse of process; the 4th defendant failed to demonstrate prejudice caused by that period sufficient to preclude a fair trial; and it was not plain and obvious that all causes of action were time‑barred given an arguable estoppel claim and that the limitation defence relied on was not pleaded. Therefore the appeal succeeded and the strike out was refused so the matter should proceed to trial.
13 Jun 2019

YIP LAI HEUNG v. 伍炳榮 AND OTHERS

Citation

[2019] HKDC 789
Court

District Court
Case number

DCEC1252/2016

The summons to strike out was dismissed because the Amended Application disclosed a statutory cause of action within the employees compensation regime, the proviso (b) exclusion was not pleaded and therefore could not be resolved on strike out, and disputed factual matters including credibility must be tried rather than determined at interlocutory stage.
15 Mar 2005

PEREGRINE FIXED INCOME LTD (In Liquidation) v. JP MORGAN CHASE BANK

Citation

PEREGRINE FIXED INCOME LTD (In Liquidation) v. JP MORGAN CHASE BANK
Court

Court of First Instance
Case number

HCCL2/2004

The court held that although the plaintiff’s point about the lateness of the defendant’s limitation undertaking was attractive, it did not wholly excuse the plaintiff’s resistance; however, because the defendant tactically allowed the time-bar issue to persist and only produced the undertaking when the stay application became difficult, the defendant cannot recover costs for the part of the hearing extended by that tactic. The order nisi was therefore varied to reduce the defendant’s recoverable costs accordingly and to direct priority payment from the plaintiff’s assets.

Hong Kong Case Law

PATRICK HUNG HING YU v. HO YIN MAN AND OTHERS

YIP LAI HEUNG v. 伍炳榮 AND OTHERS

PEREGRINE FIXED INCOME LTD (In Liquidation) v. JP MORGAN CHASE BANK