Hong Kong Case Law: Decisions & Judgments

Topic

Service and procedural compliance

Legal area

Court

25 Jan 2019

AZHARUDDIN SK v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 243
Court

Court of First Instance
Case number

HCAL1322/2018

The application was dismissed for want of prosecution because the applicant failed to attend the scheduled hearing and the Court, applying established authorities on active case management (Re: Ahmed Syed Rafiq and Choy Bing Wing), has the power to strike out proceedings for want of prosecution to secure expeditious disposal of cases.
9 Aug 2007

RE ADVANCED WIRELESS GROUP LTD

Citation

RE ADVANCED WIRELESS GROUP LTD
Court

Court of First Instance
Case number

HCMP683/2007

The court sanctioned the scheme because the statutory requirements of section 166 were satisfied: the class of creditors entitled to vote was properly constituted (ACE River did not require a separate class), the limited non‑compliance with service directions was technical and waived as negligible, the explanatory materials adequately disclosed risks, and an overwhelming bona fide majority of creditors had commercially decided the scheme provided a better return than liquidation; accordingly the court exercised its discretion to sanction the scheme.
21 Mar 2000

NINTENDO OF AMERICA INC v. BUNG ENTERPRISES LTD.

Citation

NINTENDO OF AMERICA INC v. BUNG ENTERPRISES LTD.
Court

Court of First Instance
Case number

HCA1189/2000

The California judgment was final and conclusive under California law; the defendant had opportunities to set aside or challenge the judgment and failed to take timely steps; the default nature of the judgment did not bar enforcement in Hong Kong; there was no arguable breach of natural justice or triable issue raised; therefore summary judgment was appropriate to enforce the US$7,480,980 judgment with interest and costs.

Hong Kong Case Law

AZHARUDDIN SK v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

RE ADVANCED WIRELESS GROUP LTD

NINTENDO OF AMERICA INC v. BUNG ENTERPRISES LTD.