Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Perfection of order

Legal area

Court

15 Apr 1993

RICH CIRCLE CO. LTD. V. LUCKY TIME FINANCE CO. LTD.

Citation

RICH CIRCLE CO. LTD. V. LUCKY TIME FINANCE CO. LTD.
Court

Court of First Instance
Case number

HCMP4202/1992

Once a final order in vendor-and-purchaser proceedings has been perfected the court will not permit an amendment to the originating process to raise a new title objection in the same proceedings; the jurisdiction to permit such an amendment exists only in exceptional cases and will not be exercised to circumvent finality or procedural fairness where the application is belated.
22 Jun 1989

BANK OF INDIA v. BHAGWANDAS KEWALRAM MURJANI AND OTHERS

Citation

BANK OF INDIA v. BHAGWANDAS KEWALRAM MURJANI AND OTHERS
Court

Court of Appeal
Case number

CACV77/1989

A judge retains the power to recall, amend or refuse to draw up an orally pronounced order until it is formally drawn up and entered; appellate courts will not interfere with that discretionary exercise absent capricious conduct or demonstrable prejudice to the other party; in the present case no prejudice was shown and the judge properly exercised his discretion in narrowing the stay to exclude Mareva applications, therefore the appeals fail.