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
- CACV97/1990
The judge erred in dismissing the striking‑out motions solely because they were brought by Notice of Motion rather than summons before a Master; there is no rule precluding such motions and a judge must not impose a new procedural rule under the guise of regulating his court. The correct remedy is to allow the appeals, set aside the dismissal orders and restore the motions for hearing before Jones J or another High Court judge. The Court of Appeal will not entertain the substantive striking‑out applications as that would involve exercising original jurisdiction beyond its statutory remit.