Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statute‑barred

  • 4 Jun 2020

    MOMIN LOK v. HOSPITAL AUTHORITY

    Citation
    [2020] HKCFI 1052
    Court
    Court of First Instance
    Case number
    HCPI981/2014

    Given the contemporaneous adverse expert opinions that warfarin treatment was appropriate and did not cause the ischaemic stroke, the plaintiff's contrary belief that warfarin (rather than inadequate dosing) caused the stroke was unreasonable and not justified by evidence before 25 Sep 2011; accordingly she lacked the requisite knowledge under s.27(6) during the disputed period and the action issued 26 Sep 2014 was not time‑barred.

  • 5 Jul 2000

    LEE PUI KUEN v. ASIA TELEVISION LTD.

    Citation
    LEE PUI KUEN v. ASIA TELEVISION LTD.
    Court
    Court of Appeal
    Case number
    CACV135/2000

    Where there has been inordinate and inexcusable delay of substantial duration and the case will depend heavily on oral testimony such that witness memory loss creates a real risk of unfair trial, the court may strike out the claim (and counterclaim) for want of prosecution; that conclusion is justifiable even where the defendant had some procedural default, because the proper assessment is the prejudice as it would have been had court orders been complied with, and the appellate court may interfere where the judge’s exercise of discretion was plainly wrong.

  • 10 Jun 1999

    CHAN CHUN WAI VICTOR v. CHAN WING FOOK AND OTHERS

    Citation
    CHAN CHUN WAI VICTOR v. CHAN WING FOOK AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP2018/1998

    Given uninterrupted possession by the plaintiff for over fifty years, absence of the mortgage document, no evidence of enforcement or steps to preserve the security, and the authority of Fung Kam Cheung v. Kwok Yiu Wing, the mortgage is no longer subsisting or capable of taking effect and is statute-barred.