Hong Kong Case Law: Decisions & Judgments

Topic

Restoration of summons

Legal area

Court

27 Nov 2024

YF v. WMP

Citation

[2024] HKFC 215
Court

Family Court
Case number

FCMC1226/2021

The dismissal was set aside because the Husband's absence was excused in all the circumstances: the earlier hearing was improperly vacated at short notice by the wife's unilateral and late request without giving the husband notice, the husband's notification that he would be in the UK had not been addressed in time, and the wife's conduct in requesting the adjournment when she knew the husband would be absent amounted to improper litigation conduct; accordingly the Master's dismissal was unjust and the proper exercise of discretion was to restore the summonses and set aside the dismissal.
23 Feb 2021

KCMA v. ABC AND OTHERS

Citation

[2021] HKCFI 357
Court

Court of First Instance
Case number

HCMC1/2019

W was unreasonable in reversing the first transfer and failing to provide timely and adequate evidence of the return; accordingly W must pay H's costs incurred from 7 December 2020 onwards, but not H's costs of attendance at the hearing; costs to be summarily assessed and paid within 14 days of assessment with specified timelines for submissions; the Summons is treated as dismissed under the existing Consent Order and no further dismissal order is required.
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…
11 May 2006

LAM CHING HON v. LAM YU SHUI AND ANOTHER

Citation

LAM CHING HON v. LAM YU SHUI AND ANOTHER
Court

District Court
Case number

DCEC370/2005

The costs of the summons are ordered as costs in the cause; consequential costs are not awarded and each party must pay their own costs because the summons was arguably premature, its eventual outcome would be speculative and there was insufficient basis to penalise either party with consequential costs.

Hong Kong Case Law

YF v. WMP

KCMA v. ABC AND OTHERS

LAU SIN v. WONG MARY AND OTHERS

LAM CHING HON v. LAM YU SHUI AND ANOTHER