Hong Kong Case Law: Decisions & Judgments

Topic

Nominal party

Legal area

Court

8 Nov 2021

LAU CHO KWAN, LEO AND ANOTHER v. LAU SIU FAN, ELAINE AND OTHERS

Citation

[2021] HKCFI 3352
Court

Court of First Instance
Case number

HCCW262/2020

The Court refused the extension of time because the Company failed to identify any arguable grounds of appeal with a reasonable prospect of success and therefore provided no justification to grant additional time or to validate expenditure for counsel to explore unspecified grounds of appeal, especially where the Company was represented by counsel at the hearing and the principles applied were discretionary and well settled.
27 Dec 2018

CHU KONG v. LAU WING YAN AND OTHERS

Citation

[2018] HKCA 1010
Court

Court of Appeal
Case number

CACV105/2018

The Court of Appeal held that the arbitration clause incorporated into the Supplemental Agreement is valid and covers the disputes; factual questions about the 3rd defendant's actual or apparent authority and the 4th defendant's knowledge make the disputes between the plaintiff/the Company and the 4th defendant substantive rather than nominal; and the plaintiff's potential locus difficulties in commencing arbitration derivatively do not render the arbitration agreement incapable of being performed; accordingly the mandatory stay under s20(1) must be granted and the action against the 4th defe…
14 Sept 2004

FIDELITY REALTY LTD v. MANAGEMENT COMMITTEE OF THE INCORPORATED OWNERS OF HONG CHIANG BUILDING

Citation

FIDELITY REALTY LTD v. MANAGEMENT COMMITTEE OF THE INCORPORATED OWNERS OF HONG CHIANG BUILDING
Court

Lands Tribunal
Case number

LDBM241/2004

The Tribunal held that a management committee is not a separate legal person capable of being sued; disputes between different groups of incorporated owners are properly litigated between the individual members who must be named as parties, with the incorporated owners included only as a nominal respondent to be bound by orders, and that corporate funds should not be used to fund partisan litigation between members absent compelling justification.
25 Jul 2003

HONG LOK SCHOOL LTD AND ANOTHER v. CHOW SAI YIU AND ANOTHER

Citation

HONG LOK SCHOOL LTD AND ANOTHER v. CHOW SAI YIU AND ANOTHER
Court

Court of First Instance
Case number

HCA17139/1999

The judge refused to make any interlocutory ruling on the medical evidence and treated the medical evidence as trial evidence to be assessed at final judgment; he held that costs for the Plaintiffs' applications to admit new evidence (30 June and 2 July), the Plaintiffs' application on 8 July and the adjournment of 7 July should be paid by Kwan Ko Siu Wah and Kwan Kay Cheong to Chow Sai Yiu and Chan Cheung Po, payable in any event, but not ordered to be paid forthwith or on an indemnity basis; other cost issues were reserved and a global costs order nisi was made that the applications for cos…
9 Sept 1999

NG YAT CHI v. MAX SHARE LTD. AND ANOTHER

Citation

NG YAT CHI v. MAX SHARE LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCCW321/1996

The application was dismissed because it was made too late, the Respondents gave no adequate explanation for the delay in delivering particulars, ordering further security at that stage would be unfair to the Petitioner and would disrupt the hearing; the Court therefore refused to order additional security and proceeded with the petition.

Hong Kong Case Law

LAU CHO KWAN, LEO AND ANOTHER v. LAU SIU FAN, ELAINE AND OTHERS

CHU KONG v. LAU WING YAN AND OTHERS

FIDELITY REALTY LTD v. MANAGEMENT COMMITTEE OF THE INCORPORATED OWNERS OF HONG CHIANG BUILDING

HONG LOK SCHOOL LTD AND ANOTHER v. CHOW SAI YIU AND ANOTHER

NG YAT CHI v. MAX SHARE LTD. AND ANOTHER