Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Service of process under companies ordinance

Legal area

Court

13 May 2021

GM COMMERCIAL CONSULTANTS CORP. v. EURO ASIA ZHONG JI (HK) LTD AND ANOTHER

Citation

[2021] HKCFI 1378
Court

Court of First Instance
Case number

HCA651/2019

The default judgment was set aside and the charging order discharged because the plaintiff’s pleaded cause of action was legally defective and unsustainable on its face and the plaintiff failed to discharge the burden to show the claim lay within the limitation period; although service was regular, the court exercised its discretion under Order 13 in favour of setting aside the judgment to prevent enforcement of a palpably bad pleading.
14 Sept 2000

HANG LUNG REAL ESTATE AGENCY LIMITED v. MATIMAK TEXTILES LIMITED

Citation

HANG LUNG REAL ESTATE AGENCY LIMITED v. MATIMAK TEXTILES LIMITED
Court

Court of First Instance
Case number

HCA157/2000

The defendant breached the express covenant to remove additions and reinstate the premises; the Notice of Assessment was duly served under s.356 Companies Ordinance and the defendant had actual notice; the plaintiff incurred reasonable and foreseeable costs of $146,543 to reinstate the premises and is entitled to judgment for that sum with interest from the date of the writ and costs of the assessment.