Hong Kong Case Law: Decisions & Judgments

Topic

Setting aside consent orders

Legal area

Court

10 Apr 2024

FOK HEI YU and CHOW WAI SHING DANIEL, Joint and Several Trustees in bankruptcy of the Property of CHEN YEN FEI, a bankrupt v. CHEN YEN FEI AND OTHERS

Citation

[2024] HKCFI 914
Court

Court of First Instance
Case number

HCMP701/2023

The court found the alleged oral agreement of 7 October 2003 was not proved on the balance of probabilities; absent a proven common intention constructive trust the Subject Assets vested in the trustee on the Bankruptcy Order (18 June 2020) and the court declared paragraphs (1)–(5) and (7) of the Ancillary Relief Order null and void as against the Applicants; amendment to the originating summons was permitted to that effect and further directions were given for final orders and potential sale under the Partition Ordinance.
30 Nov 2021

GM SA aka DG, M S v. DDPJ

Citation

[2021] HKFC 244
Court

Family Court
Case number

FCMC9657/2016

Leave to adduce expert evidence on French law was refused because the contested issues at trial are questions of fact about alleged misrepresentation/non-disclosure that do not require foreign-law expertise; the alleged undisclosed matters failed the objective materiality test; the proposed expert evidence would not assist the court in the fact-finding exercise; and the application was inexcusably late and contrary to CJR objectives of proportionality and procedural economy.
18 Dec 2020

SHW v. SCKR also known as CKR

Citation

[2020] HKFC 262
Court

Family Court
Case number

FCMC611/2014

The petitioner was not permitted to be discharged from or vary his undertaking given in the 2014 consent order because he failed to establish any proper ground for discharge or set-aside (no fraud, mistake or non-disclosure; change of mind and changed circumstances did not make performance infeasible); accordingly the court ordered the CBC membership be surrendered and reissued under CBC Articles and the debenture proceeds paid to the Respondent, with costs to follow the event.
24 Jun 2020

WONG WAI WING v. MANG FAN LIN

Citation

[2020] HKCA 503
Court

Court of Appeal
Case number

CAMP312/2019

The Court held the trial judge was entitled to consider the plaintiff's conduct in effecting a sham divorce as relevant misconduct 'in and about the matters that triggered off the litigation' under Order 62 r5, that the proposed grounds lacked reasonable prospect of success, and that no interest of justice warranted granting leave; accordingly the application for leave to appeal was dismissed and costs were awarded to the defendant with a summary assessment of HKD 70,270.
27 Jun 2016

YEUNG YAT KWONG PETER v. HARVEST CHINA INVESTMENT LTD AND ANOTHER

Citation

YEUNG YAT KWONG PETER v. HARVEST CHINA INVESTMENT LTD AND ANOTHER
Court

District Court
Case number

DCCJ3018/2014

The summons was dismissed because paragraph 8 of the consent order concerned only the plaintiff and the 1st defendant so the 2nd defendant lacked locus to re-open it; the sealed consent order is binding and the court, being functus officio, will not vary it on the asserted basis of lack of internal authority; any grievance lies against the manager or former solicitors; inherent jurisdiction did not justify reopening the order; costs awarded to plaintiff and 1st defendant on an indemnity basis.

Hong Kong Case Law

FOK HEI YU and CHOW WAI SHING DANIEL, Joint and Several Trustees in bankruptcy of the Property of CHEN YEN FEI, a bankrupt v. CHEN YEN FEI AND OTHERS

GM SA aka DG, M S v. DDPJ

SHW v. SCKR also known as CKR

WONG WAI WING v. MANG FAN LIN

YEUNG YAT KWONG PETER v. HARVEST CHINA INVESTMENT LTD AND ANOTHER