Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Registration of court orders

  • 11 May 2018

    CHIU KWAI PING v. YIP, TSE & TSANG

    Citation
    [2018] HKCFI 1036
    Court
    Court of First Instance
    Case number
    HCA2159/2016

    Leave to amend the statement of claim was granted except for the head pleading loss from severance (§8(1)) because (1) the order itself replaced the right of survivorship by an enforceable right against the estate so no loss arose from severance; (2) the amended pleadings disclose an arguable negligence cause of action with loss occurring at the latest on registration of the relevant charge (16 Nov 2012), placing the writ (20 Aug 2016) within the six‑year limitation period; and (3) the defendants’ causation arguments raise matters for trial and do not justify refusal to amend or strike out on…

  • 5 Dec 2002

    MERCK SHARP & DOHME LTD v. THE REGISTRAR OF PATENTS

    Citation
    MERCK SHARP & DOHME LTD v. THE REGISTRAR OF PATENTS
    Court
    Court of Final Appeal
    Case number
    FACV11/2002

    Sections 39(1) and the reference to s39(1) in s100(2) of the Patents (General) Rules are ultra vires because rules regulating the giving effect to s46 court orders are rules of court to be made by the Rules Committee under the High Court Ordinance, not by the Registrar, and because the impugned rules are inconsistent with s46(5) which imposes a mandatory duty on the Registrar to record amendments upon receipt of the court order; therefore the Registrar must record the amendment ordered by the court and the impugned rules are of no legal effect.