Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Res judicata and interlocutory orders
  • 15 Jun 2018

    LAU SIN v. WONG MARY AND OTHERS

    Citation
    [2018] HKCFI 1094
    Court
    Court of First Instance
    Case number
    HCA988/2017

    Order 32 r 5(4) can be invoked even after a Registrar's order has been perfected where the original dismissal was without a hearing on the merits, but restoration is discretionary; restoration was refused because Glory Sky failed to give a reasonable explanation for non-attendance, delayed and acted inconsistently (accepted the order and pursued a fresh summons), and thus it was not just to restore. The court also refused to strike out the plaintiff's claim against Glory Sky as not a plain and obvious case to do so and declined extension of time to appeal the master's costs assessment; costs…