Hong Kong Case Law: Decisions & Judgments

Topic

Peremptory order

Legal area

Court

24 Apr 2023

CMBICDHA W INVESTMENTS LTD v. LI LEI AND OTHERS

Citation

[2023] HKCFI 1089
Court

Court of First Instance
Case number

HCA905/2020

An interim stay granted pending a security-for-costs hearing suspends the running of time for compliance with an existing peremptory/unless order unless the stay expressly provides otherwise; therefore the Relevant Defendants were not in breach while the interim stay was in effect and could avail themselves of the remaining time once the stay was lifted; appeal dismissed.
22 Feb 2022

GUANGDONG YINGGAO SHIPPING LTD v. SECRETARY FOR JUSTICE

Citation

[2022] HKCFI 554
Court

Court of First Instance
Case number

HCA1677/2015

Leave to appeal was refused because the grounds advanced were misconceived and had no real prospect of success: the July order was not an 'unless' order so relief from sanction under O.2 r.4/O.2 r.5 did not arise; Form 14 did not impose a self-executing sanction nor override the July order; acknowledgement of service did not create a distinct peremptory consequence terminating proceedings; the master had jurisdiction to grant a retrospective extension under O.3 r.5 and this court, exercising its discretion afresh, properly concluded the extension was appropriate.
25 May 2006

LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS

Citation

LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS
Court

Court of Appeal
Case number

CACV359/2005

The Court dismissed the appeal and affirmed the judge's refusal to strike out: defendants failed to discharge the burden of showing deliberate suppression of discovery or that the non-disclosure made a fair trial impossible; the plaintiff's affirmations provided an acceptable explanation that could not properly be rejected without cross-examination; absence of any peremptory/unless order increased the hurdle for striking out and the judge acted within his discretion.

Hong Kong Case Law

CMBICDHA W INVESTMENTS LTD v. LI LEI AND OTHERS

GUANGDONG YINGGAO SHIPPING LTD v. SECRETARY FOR JUSTICE

LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS