Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Re-opening interlocutory decision
  • 8 Apr 2016

    CHINA METAL RECYCLING (HOLDINGS) LTD AND OTHERS v. CHUN CHI WAI AND OTHERS

    Citation
    CHINA METAL RECYCLING (HOLDINGS) LTD AND OTHERS v. CHUN CHI WAI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1412/2013

    The court refused to re-open the Striking Out Decision because the applicants did not establish exceptional circumstances: there was no unfairness or breach of natural justice requiring re-opening, alleged factual confusion did not negate findings that documents and explanations were missing, and disagreement with a judge of coordinate jurisdiction is not a basis to re-open; relief from sanction was refused because defendants had long delay, a history of non-compliance and the court would not exercise its discretion to grant relief given the circumstances; both applications were dismissed wit…