Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Service irregularity

  • 26 Sept 2022

    DMITRY YANISHEVSKIY v. MAXIM MOSKALEV

    Citation
    [2022] HKCFI 2936
    Court
    Court of First Instance
    Case number
    HCA1840/2019

    The summons to vary the costs order nisi is dismissed: the Appeal was academic save as to costs and there were no exceptional circumstances to justify hearing it; costs should follow the event and be paid immediately with certificate for two counsel, to be summarily assessed; alleged late change of stance and instruction of leading counsel do not justify varying the costs order nisi.

  • 12 Nov 2014

    SO YUK PING v. TAM SUM SHING

    Citation
    SO YUK PING v. TAM SUM SHING
    Court
    District Court
    Case number
    DCMP2760/2013

    The court exercised its discretion to refuse an order for sale because the defendant established compelling reasons (credible claim of irregularity affecting the default judgment and charging order, demonstrable financial hardship in supporting his son, and mental health considerations) sufficient to outweigh the plaintiff's prima facie right to enforce the judgment; the defendant must be given an opportunity to challenge the default judgment and charging order; appeal dismissed.