Hong Kong Case Law: Decisions & Judgments

Topic

Proceedings in absence of defendant

Legal area

Court

23 Jan 2024

IP CHEE WAI JEFFREY v. HO WAI PAN

Citation

[2024] HKDC 102
Court

District Court
Case number

DCPI4013/2020

The court accepted the Plaintiff's unchallenged evidence and the expert medical report, concluded the injuries were a relatively mild example of their type with 2% whole person impairment, and awarded PSLA of HK$200,000 and special damages of HK$17,000 (total HK$217,000). Interest and costs were ordered as specified because service was proved and the defendant did not attend, and partially undocumented expenses were allowed in reasonable sums based on authority and the injuries sustained.
27 Feb 2023

ANTHONY WONG v. JIAN XIAOFEI

Citation

[2023] HKCFI 606
Court

Court of First Instance
Case number

HCA1140/2019

The Defendant was properly notified, failed to comply with the transfer order and did not appear or respond; under s25A and RHC O 32 r 5(1) the Court may authorise a partner of the Plaintiff's solicitors to execute the transfer note to effectuate the transfer order and it is appropriate to do so given established practice and absence of special circumstances to the contrary.
13 Apr 1999

FU YUK CHING v. FU CHAK MING

Citation

FU YUK CHING v. FU CHAK MING
Court

Court of First Instance
Case number

HCA3817/1996

The court preferred the plaintiff's credible, tested oral evidence over the defendant's unverified, untested and inconsistent account given his absence; on that basis the registered provisional agreement was held to be a false instrument, declaration of falsity granted, registration vacated, counterclaim dismissed and damages and costs awarded to plaintiff (quantum to be assessed).

Hong Kong Case Law

IP CHEE WAI JEFFREY v. HO WAI PAN

ANTHONY WONG v. JIAN XIAOFEI

FU YUK CHING v. FU CHAK MING