Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Split trials

Legal area

Court

4 Aug 2017

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG

Citation

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG
Court

Court of First Instance
Case number

HCA1755/2013

The court exercised its discretion under s33A HCO and relevant RHC rules and concluded the proviso applies: the proposed trial would require prolonged examination of voluminous and complex documents/accounts and involve mixed claims outside s33A making jury directions and administration inconvenient; accordingly defendant’s application for a jury trial and for split trials was refused and the trial of liability and of damages will proceed before a judge, with costs awarded to the plaintiff.
25 Oct 1989

FIRST PACIFIC BANK LTD. v. ROBERT H.P. FUNG

Citation

FIRST PACIFIC BANK LTD. v. ROBERT H.P. FUNG
Court

Court of Appeal
Case number

CACV37/1989

A decision on preliminary issues ordered under RSC O.33 r.3 that goes to the root of the case and substantially disposes of the controversy between the parties (leaving only quantification) is a final judgment for the purposes of Order in Council rule 2(a), entitling the unsuccessful party to appeal to Her Majesty in Council as of right; additionally, where rule 2(b) is relied upon the application should state the question of law relied upon and leave may be granted in the Court's discretion for questions of great general or public importance.