Hong Kong Case Law: Decisions & Judgments

Topic

Misnomer

Legal area

Court

4 Oct 2019

BENCHMARK ELECTRONICS (THAILAND) PCL AND OTHERS v. CARGO CONTRAINER LINE LTD

Citation

[2019] HKCA 1101
Court

Court of Appeal
Case number

CACV593/2018

Applying the reasonable-person test to the writ as a whole, the endorsement identified the contracting carrier by reference to the bills of lading issued by CCL BVI; correcting the address from Malta to the BVI was a correction of a misnomer not the substitution of a new party, so the amendment related back and the action was brought within the Hague-Visby Rules limitation period.
23 Sept 2004

RE GOLD WO INTERNATIONAL HOLDINGS LTD

Citation

RE GOLD WO INTERNATIONAL HOLDINGS LTD
Court

Court of First Instance
Case number

HCCW33/2003

The court has jurisdiction under Order 20 of the Rules of the High Court, applied by virtue of the Companies (Winding-up) Rules, and under its inherent jurisdiction to correct accidental slips and misnomers in a winding-up order and the originating petition; the corrections do not change the substance or identity of the company subject to the proceedings and therefore can be made without re-advertisement; costs allocated as appropriate.
6 Jun 2002

FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO v. CHIEF BAILIFF OF THE HIGH COURT

Citation

FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO v. CHIEF BAILIFF OF THE HIGH COURT
Court

Court of First Instance
Case number

HCA11796/1996

The court concluded the action was brought against the office of the Bailiff (the bailiff's office) and not against a nonexistent individual called 'Chief Bailiff'; accordingly the costs order made by Suffiad J was valid and enforceable and the charging order should be made absolute.
24 Jul 1997

MONTGOMERY WARD & CO, INCORPORATED v. EVERGO TRADING CO LTD AND ANOTHER

Citation

MONTGOMERY WARD & CO, INCORPORATED v. EVERGO TRADING CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2186/1995

The court dismissed the claim: MW failed to prove under Illinois law that the misnomer principle applied or that a forum court could lawfully correct or enforce a foreign (Illinois) judgment against Industrial without amendment in the rendering court; further Industrial did not submit to Illinois jurisdiction because documents bearing Industrial's name were clerical errors and there was no authorized appearance, so the US judgment is not enforceable against Industrial.

Hong Kong Case Law

BENCHMARK ELECTRONICS (THAILAND) PCL AND OTHERS v. CARGO CONTRAINER LINE LTD

RE GOLD WO INTERNATIONAL HOLDINGS LTD

FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO v. CHIEF BAILIFF OF THE HIGH COURT

MONTGOMERY WARD & CO, INCORPORATED v. EVERGO TRADING CO LTD AND ANOTHER