Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural delay and prejudice

Legal area

Court

3 Apr 2019

TANG LAI NGOR v. TSENG ANNE formerly known as TSENG HENG TZU

Citation

[2019] HKDC 469
Court

District Court
Case number

DCCJ2061/2018

Retrospective leave was granted because the two‑day delay was a genuine, minimal solicitor error causing no demonstrable prejudice and because the Defence was at least arguable (the defendant pleaded a Sale and Purchase Agreement and payment steps that raised real questions about whether the transfer was a sale rather than a trust), so overall justice required adjudication on the merits; accordingly the default judgment application was dismissed.
15 Mar 2013

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV19/2012

REDA cannot be joined under O.15 r.6(2)(b) because it lacks the requisite interest in the subject matter of the appeals (its interest is limited to a question of law and is not directly related to the personal reliefs sought); moreover, even if within the rule, discretionary considerations (delay, prejudice, stage, and adequate representation of existing parties) warranted refusal of joinder.