Hong Kong Case Law: Decisions & Judgments

Topic

Reinstatement of appeal

Legal area

Court

12 Aug 2021

NGUYEN VAN DIEN v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 2243
Court

Court of First Instance
Case number

HCAL895/2021

The court refused leave because the applicant's own written withdrawal was not disputed and was presumed deliberate and informed after the Board's procedural advice; under authority and statute a valid withdrawal disposes the appeal and renders the Board functus officio, and the applicant could not show reasonable prospects of success on public law grounds to set aside that disposal.
24 Jul 2013

香港特別行政區訴趙偉航

Citation

香港特別行政區訴趙偉航
Court

Court of First Instance
Case number

HCMA803/2012

The court found on the facts the appellant knowingly and voluntarily signed the notice of abandonment in the presence of witnesses and understood its consequences; his stated reason did not show he lacked knowledge or acted under mistake; accordingly the notice of abandonment was valid and the application to treat it as invalid was refused.
16 Aug 2012

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

Citation

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD
Court

Court of Appeal
Case number

CACV250/2010

The summons seeking to defer or remove the 2nd Condition was dismissed because the defendant had failed to comply with the prior order such that reinstatement was granted only on specified conditions; re-opening the decided matter would be an abuse of process and finality requires compliance; a limited one‑month extension to 15 September 2012 was granted for compliance with the 2nd Condition; costs of the application were awarded to the plaintiff in the sum of HK$8,000.
2 Dec 2004

RE YUEN CHAK CONSTRUCTION CO LTD

Citation

RE YUEN CHAK CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCW378/2004

Adjournment refused and winding-up order made because the petitioner, as a judgment creditor, was prima facie entitled to the order; the Company had previously had a stay pending appeal refused and had not shown strong prospects of success or a reasonable excuse for non-attendance; the late undertaking and insufficient and outdated financial disclosure did not provide satisfactory security; supporting creditors would be prejudiced.

Hong Kong Case Law

NGUYEN VAN DIEN v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

香港特別行政區 訴 趙偉航

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

RE YUEN CHAK CONSTRUCTION CO LTD

香港特別行政區訴趙偉航