Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Solicitor's mistake

Legal area

Court

2 Aug 2005

LING SIU LAM PAUL t/a DOTMEON CONSULTING GROUP v. AMD FAR EAST LTD

Citation

LING SIU LAM PAUL t/a DOTMEON CONSULTING GROUP v. AMD FAR EAST LTD
Court

Court of First Instance
Case number

HCA1410/2004

The court held the plaintiff's failure to comply with the unless order was caused by the plaintiff's solicitors' mistakes and not intentional or contumelious by the plaintiff; therefore dismissal sanction was inappropriate provided final compliance was ordered with costs; the orders dismissing the action and refusing extension were set aside and a final three-day compliance period with costs was ordered; the Master's allowance of the defendant's reliance on the 2nd affidavit was affirmed.
6 Jun 1980

CHIU BUTT-YORK v. CHIU KWOK-LIM AND OTHERS

Citation

CHIU BUTT-YORK v. CHIU KWOK-LIM AND OTHERS
Court

Court of Appeal
Case number

CACV97/1979

The court refused the respondents' application to discharge the appeal and granted an extension of time because the solicitor's oversight and misunderstanding provided a sufficient explanation when weighed against the appellant's clear intention to appeal, lack of prejudice to respondents, steps taken once the issue was identified, and the high stakes involved; the court therefore exercised its discretion in favour of allowing the appeal to proceed and extended time to 12 June 1980.