Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Striking out / abuse of process

Legal area

Court

24 Dec 2010

DISTINCT FORTUNE LTD v. HYNDLAND INVESTMENT CO LTD

Citation

DISTINCT FORTUNE LTD v. HYNDLAND INVESTMENT CO LTD
Court

Court of First Instance
Case number

HCA1287/2010

The claim was struck out because there was no sufficient written memorandum under s.3 of the Conveyancing and Property Ordinance—the SMS did not evidence the terms and when read with the engrossment SPA the covering letter stated no binding agreement—and the alleged acts did not amount to part performance; therefore the plaintiff could not succeed and the writ and statement of claim were struck out.
12 Sept 2006

TSUI KOON WAH v. PRINCIPAL MAGISTRATE OF KOWLOON CITY MAGISTRATES\' COURTS

Citation

TSUI KOON WAH v. PRINCIPAL MAGISTRATE OF KOWLOON CITY MAGISTRATES\' COURTS
Court

Court of First Instance
Case number

HCAL81/2006

Recusal application refused; leave to apply for judicial review refused because the Principal Magistrate correctly concluded the Information did not disclose the offences alleged: the order and decision were not false instruments (Corrigendum and reading decision and order together resolve the alleged inconsistency), alleged defects were clerical/procedural and not forgery, perverting the course was not pleaded with supporting particulars, and the proper remedy for procedural complaints was appeal rather than judicial review.