Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Strike out (order 14)

Legal area

Court

3 Dec 2010

LAU KOON FOO v. CHAMPION CONCORD LTD AND ANOTHER

Citation

LAU KOON FOO v. CHAMPION CONCORD LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV233/2010

Where competing Order 86 and corresponding strike out applications are dispositive so that the winner takes all and there is no prospect of trial, the resulting decision is final for purposes of leave to appeal under Order 22(1)(a) of Cap.484; accordingly leave to appeal to the Court of Final Appeal was granted and a stay ordered.
22 Feb 2001

YUNG SAI CHOI v. CHAN YUK YING

Citation

YUNG SAI CHOI v. CHAN YUK YING
Court

Court of First Instance
Case number

HCA14636/1999

The High Court exercised its discretion to stay the principal action pending the Family Court because the matrimonial proceedings raised overlapping issues of financial provision within the Family Court's broader discretionary jurisdiction; further, the Defendant's pleaded defence and counterclaim disclosed triable issues so the Plaintiff's applications for striking out and summary judgment failed and the three interlocutory summonses were dismissed.