Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mediation agreement

  • 14 Apr 2015

    SHAH WAQAS v. TAT LEE SCAFFOLDING LTD AND ANOTHER

    Citation
    SHAH WAQAS v. TAT LEE SCAFFOLDING LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI935/2013

    The signed Mediation Minutes constitute the parties' agreement adopting the Law Society Mediation Rules; no contrary agreement on costs was retained in the executed Minutes or final draft mediation agreement, therefore Rule 13(a) applies and the court will not direct that mediation costs be costs in the cause; summons dismissed and costs awarded to defendants.

  • 18 Dec 2012

    WNWG v. PBF

    Citation
    WNWG v. PBF
    Court
    Court of Final Appeal
    Case number
    FAMV35/2012

    Leave to appeal was dismissed because the grounds relied on did not raise questions of great, general or public importance but were fact‑specific; the Court of Appeal correctly restored the original maintenance order, holding that the mediation agreement and the husband's superior earning capacity did not permit automatic reduction of child maintenance on his change of employment.

  • 22 Jul 2008

    RE CENTRE RISE TRADING LTD

    Citation
    RE CENTRE RISE TRADING LTD
    Court
    Court of First Instance
    Case number
    HCCW142/2007

    The petition succeeds because the Bank demonstrated an enforceable and substantial debt supported by the Hong Kong judgment and detailed calculations; the Civil Mediation Decision did not operate to extinguish or freeze interest or preclude the Bank from enforcing the judgment; the Bank lawfully appropriated payments and only obtained legal title to part of the Set-off Properties later so the Company’s calculations are incorrect; the assigned cross-claim was not shown to be a genuine defence to the winding-up petition.

  • 16 Aug 2006

    W v. W

    Citation
    W v. W
    Court
    Family Court
    Case number
    FCMC3715/2003

    The court found no material overall reduction in the Husband's income since the consent order (bonus and other income restored); the Husband therefore failed to establish changed circumstances justifying downward variation; the Maintenance Order was varied only to provide additional housing allowance of HK$15,000 per month (HK$7,500 each to Wife and child) as a reasonable housing provision the Husband can afford; access to the child is to be restored progressively based on professional counselors' recommendations with specified minimum contact and the Husband to bear counseling and travel cos…