Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Relief from sanctions (order 2 rule 5)

Legal area

Court

10 May 2017

CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS v. ZHANG CAIKUI AND ANOTHER

Citation

CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCMP863/2017

The Court refused leave to appeal and dismissed the renewed application because the defendants failed to comply with the unless order and did not seek timely extension or relief under Order 2 Rule 5; consequently the late draft affirmation and draft report were properly struck out as inadmissible and irrelevant (in particular the Yao report), and the application had no reasonably arguable prospect of success.
18 Nov 2016

CY v. WTW

Citation

CY v. WTW
Court

Court of First Instance
Case number

HCMP2775/2016

Leave to appeal was refused because there was no arguable ground to disturb the judge's discretionary costs decision: the costs order nisi had not been perfected, the judge correctly found the prohibition application unmeritorious on the evidence, the respondent's failure to issue a summons was excusable and relief under Order 2 Rule 5 was properly granted, and consequently the costs order was not wrong in principle; petitioner ordered to pay indemnity costs fixed at $35,000 and further oral reconsideration prohibited under Order 59 Rule 2A(8).