Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Payment‑in

  • 15 Jan 2021

    LEUNG WAI CHEUNG v. OCTEL NETWORKS LTD AND ANOTHER

    Citation
    [2021] HKDC 8
    Court
    District Court
    Case number
    DCCJ4454/2017

    The application for stay of execution was dismissed because the plaintiff failed to demonstrate arguable grounds of appeal or good reasons that execution would render the appeal nugatory; the prior dismissal of leave to appeal indicated no merit; the plaintiff produced no adequate evidence of defendants' inability to repay; withdrawal of the summons was refused for lack of leave; costs were ordered for the respondents to be taxed.

  • 11 May 2018

    GLORY SKY FINANCE LTD v. CHEN JIANHUA AND ANOTHER

    Citation
    [2018] HKCFI 1357
    Court
    Court of First Instance
    Case number
    HCMP2482/2014

    The court dismissed the plaintiff's application for extension and allowed the defendants' application for an unless order because the plaintiff failed to comply with the 14-day payment-in requirement, filed no evidence showing strong grounds for a stay or that refusal of a stay would cause irreparable prejudice, and its history of non-compliance justified an unless order to secure compliance with the judgment.

  • 11 Feb 2008

    HUMMINGBIRD MUSIC LTD v. DINO ACCONCI AND ANOTHER

    Citation
    HUMMINGBIRD MUSIC LTD v. DINO ACCONCI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA836/2007

    Because the defendants did not demonstrate compliance with urgent requests or provide reliable evidence of an oral agreement to restrain issuance of the summons, and notification of payment was not conveyed to the plaintiff's solicitors in time, the court exercised its discretion to order the defendants to pay the plaintiff's costs of the summons on a party and party basis and to make a gross assessment of those costs at $5,000.

  • 25 Jul 2006

    LAI YUN PUI v. GAMMON CONSTRUCTION LTD

    Citation
    LAI YUN PUI v. GAMMON CONSTRUCTION LTD
    Court
    District Court
    Case number
    DCEC956/2003

    Given the parties had agreed to stay the Employees Compensation action to pursue a related common law action and the payment-in in the common law action was accepted in those circumstances, it was just to depart from the usual rule and order the respondent to pay the costs of the Employees Compensation action; therefore the discontinuance was granted on terms that respondent pay applicant's costs and that no further proceedings on the same facts be brought by the applicant.