Hong Kong Case Law: Decisions & Judgments

Topic

Slip rule amendment

Legal area

Court

14 Mar 2014

CHEN YUNG NGAI KENNETH v. SHINEWING SPECIALIST ADVISORY SERVICES LTD

Citation

CHEN YUNG NGAI KENNETH v. SHINEWING SPECIALIST ADVISORY SERVICES LTD
Court

Court of First Instance
Case number

HCCW279/2010

The court held that, given the breakdown in the working relationship, the practical realities and the shareholders' resolution, Mr Tang should have stepped down and his resistance was unnecessary; accordingly indemnity costs were ordered in favour of the applicant in the removal application as a special circumstance, while SWSAS was ordered to bear 100% of the costs of the production application on a party-and-party basis; the settlement order of 27 August 2013 was to be amended under the slip rule to record the parties' agreement and to effect production and related arrangements.
14 Mar 2014

CHEN YUNG NGAI KENNETH v. TANG CHUNG WAH ALAN

Citation

CHEN YUNG NGAI KENNETH v. TANG CHUNG WAH ALAN
Court

Court of First Instance
Case number

HCMP113/2013

Given the irretrievable breakdown in the working relationship and the shareholders' resolution, Mr Tang should have stepped down and his resistance to removal was unjustified; accordingly removal need not have been resisted and indemnity costs are appropriate for the removal application. For the production application, although SWSAS had asserted unpaid and unbilled fees, the agreed settlement and the need to progress the liquidations meant SWSAS should bear 100% of the costs but on a party and party basis; the 27 August 2013 order should be amended under the slip rule to record consent.
28 Nov 2013

LEUNG KWAI LING v. HK GLORY PROPERTIES LTD

Citation

LEUNG KWAI LING v. HK GLORY PROPERTIES LTD
Court

Court of First Instance
Case number

HCA347/2013

Appeal summonses seeking leave to appeal were dismissed: the Time Extension Order appeal had previously been dismissed for want of prosecution and could not be relitigated; the Final Striking Out and RAO/RPO Orders were not interlocutory and required no leave to appeal (appeal as of right) so the applications for leave were redundant and outside the court's jurisdiction; applications for leave against interlocutory orders were out of time under O.59 r.2B and the court had no power to extend time; the proposed amendment to the 13/8/13 order was a clerical slip corrigible under Order 20 r.11 an…
19 Jun 2002

LAM KAI v. NG KWOK LEUNG AND OTHERS

Citation

LAM KAI v. NG KWOK LEUNG AND OTHERS
Court

Court of First Instance
Case number

HCPI1460/1999

The court held that the Proposed Order agreed by all parties could be made as a supplemental order to the Final Judgment without strictly requiring amendment under the slip rule, but permitted and directed amendment of the Final Judgment's payment clause for tidiness; the court also varied the costs order nisi and ordered no order as to costs for this application (costs order nisi to that effect).

Hong Kong Case Law

CHEN YUNG NGAI KENNETH v. SHINEWING SPECIALIST ADVISORY SERVICES LTD

CHEN YUNG NGAI KENNETH v. TANG CHUNG WAH ALAN

LEUNG KWAI LING v. HK GLORY PROPERTIES LTD

LAM KAI v. NG KWOK LEUNG AND OTHERS