Hong Kong Case Law: Decisions & Judgments

Topic

Pleadings particularity

Legal area

Court

27 Oct 2025

MA MAN CHUN and MA MAN KAM, the Administratrices of the Estate of FOCK KAM CHAU, Deceased v. FU KA ENGINEERING & CONSTRUCTION LTD AND OTHERS

Citation

[2025] HKCFI 5147
Court

Court of First Instance
Case number

HCPI272/2020

The court granted leave to amend because the proposed amendments align the pleadings with the case the plaintiffs actually ran in opening submissions and with existing documentary hearsay evidence already before the court, do not introduce new evidence, and the defendants failed to show irremediable prejudice or that the amendments were clearly untenable; amendments were permitted subject to specific qualifications to avoid unfairness and to constrain scope.
28 Apr 2020

THE INCORPORATED OWNERS OF VICTORIA CENTRE v. LEE TAK FAI AND ANOTHER

Citation

[2020] HKDC 244
Court

District Court
Case number

DCCJ3431/2017

The defendants failed to establish the jurisdictional prerequisites for specific discovery in respect of Categories 1 and 2 because they did not show a prima facie existence or possession of the broad classes of notices and incident reports sought; although Categories 3–5 arguably exist and are in the plaintiff's possession, the defendants failed to show relevance or necessity because their pleaded defence lacked particulars, the requests were overbroad and amounted to a fishing expedition, and disclosure would not be necessary for fair disposal or saving costs; accordingly the application fo…
30 Jan 2018

MORN CREATIONS LTD v. SWIRE RESOURCES LTD

Citation

[2018] HKCFI 179
Court

Court of First Instance
Case number

HCA1578/2017

The strike-out application was dismissed because the differences relied on by the Defendant were not so significant as to make the case clear and straightforward; evidence existed that the Defendant collected imported products and offered them for sale such that it was not plain and obvious there was no issuance to the public; the Defendant's bare denial of requisite knowledge did not establish as a matter of law that knowledge was absent; and the undertaking to remove stock did not make injunctive relief plainly unnecessary.
27 May 2003

LEE TAK (or TUCK) YAN AND OTHERS v. THE PRUDENTIAL ENTERPRISES LTD AND OTHERS

Citation

LEE TAK (or TUCK) YAN AND OTHERS v. THE PRUDENTIAL ENTERPRISES LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4225/2001

The court struck out the 2nd defendant's counterclaim and the Contribution and Amended Third Party Notices because the pleadings failed to disclose a reasonable cause of action: the counterclaim did not establish duties on the executors to investigate the accountant's valuation nor plead knowledge of impropriety; the 2nd defendant lacked locus standi and the claim was contingent and speculative; the Contribution and Third Party Notices failed to plead conspiracy or fraud with required particularity and did not allege overt acts or dishonest intention attributable to the 1st plaintiff or MWLS,…
2 Mar 1998

CHAN CHUNG WAI and Other v. CHEUNG WAI PUI and Others

Citation

CHAN CHUNG WAI and Other v. CHEUNG WAI PUI and Others
Court

Court of First Instance
Case number

HCA8721/1997

Noting concessions and pleadings, the court held that Companies Registry notices implying dates of appointment justified ordering production of the corresponding minutes for the 6th and 7th Defendants (items 8 and 9). Correspondence alleged but neither referenced nor admitted was not ordered as premature. Requests for documents about brands (items 11 and 12) were set aside as premature pending further particularisation of the pleadings. Costs before the Master were ordered against the Defendants with certificate for counsel; costs of the hearing of the appeal were ordered against the Plaintif…

Hong Kong Case Law

MA MAN CHUN and MA MAN KAM, the Administratrices of the Estate of FOCK KAM CHAU, Deceased v. FU KA ENGINEERING & CONSTRUCTION LTD AND OTHERS

THE INCORPORATED OWNERS OF VICTORIA CENTRE v. LEE TAK FAI AND ANOTHER

MORN CREATIONS LTD v. SWIRE RESOURCES LTD

LEE TAK (or TUCK) YAN AND OTHERS v. THE PRUDENTIAL ENTERPRISES LTD AND OTHERS

CHAN CHUNG WAI and Other v. CHEUNG WAI PUI and Others