Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sale and purchase agreement completion

Legal area

Court

15 Jun 2011

YONG SAI PING DAVID AND ANOTHER v. MATCH POWER INVESTMENT LTD

Citation

YONG SAI PING DAVID AND ANOTHER v. MATCH POWER INVESTMENT LTD
Court

District Court
Case number

DCCJ5465/2009

Delay of eight months between earliest possible limitation expiry and service was explained by plaintiffs' legitimate decision to await related litigation and potential additional claimants, and by active preparation; the delay was not inordinate or inexcusable post-CJR; warehousing was not established; no relevant prejudice was shown; exercise of discretion required refusal to strike out; defendant's applications dismissed.
15 Jun 2011

CHAN NGA LAI MARY AND ANOTHER v. MATCH POWER INVESTMENT LTD

Citation

CHAN NGA LAI MARY AND ANOTHER v. MATCH POWER INVESTMENT LTD
Court

District Court
Case number

DCCJ5417/2009

The court found the 8-month interval from earliest possible limitation expiry to service was satisfactorily explained by awaiting related litigation outcome and reasonable preparatory steps; the delay was not inordinate or inexcusable, there was activity by plaintiffs, no warehousing of proceedings of such gravity as to constitute abuse, no sufficient prejudice proven, service was within allowable 12 months and the court exercised its discretion not to strike out the writs; therefore the defendant's applications to dismiss were dismissed.