Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Solicitor affirmations
  • 21 Jan 2015

    SAM BOON PENG YEE AND ANOTHER v. TIONG KING SING

    Citation
    SAM BOON PENG YEE AND ANOTHER v. TIONG KING SING
    Court
    Court of First Instance
    Case number
    HCMP1404/2014

    Ex parte leave to issue committal proceedings was properly granted because at the leave (filtering) stage the court requires a prima facie case and is not deciding admissibility or conducting a mini‑trial; Cheng's solicitor affirmation was justified given the defendant's house arrest and interviews of witnesses and was sufficient for the ex parte stage; the two solicitors' letters did not contain material information that would have defeated the prima facie case or rendered the application oppressive, so no material non‑disclosure arose and the strike out/set‑aside application failed.