Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Striking out as sanction

Legal area

Court

31 Aug 2023

CMBICDHAW INVESTMENTS LTD v. LI LEI AND OTHERS

Citation

[2023] HKCFI 2176
Court

Court of First Instance
Case number

HCA905/2020

Relief from sanctions and an extension of time were granted in part because the proven breaches were technical or rectified, the late delivery was short and attributable to solicitor technical issues, discovery was not shown to be illusory, and proportionality required allowing the defendants to defend serious fraud allegations; consequently the court admitted Li 4th, extended time to comply and to apply for relief, conditioned relief on rectification within 28 days, ordered restoration of the Defence and dismissal of the 2nd Judgment Summons upon compliance.
29 Mar 2019

SILVER UNIVERSE INVESTMENTS LTD v. CHINA TIMES SECURITES LTD

Citation

[2019] HKCFI 834
Court

Court of First Instance
Case number

HCA1824/2018

The Master Chow Unless Order is to be construed as a time order: the default event is failure to file the required affidavit by the deadline. D2 complied in time by filing Nebojsa 1st and plaintiff failed to prove that compliance was in bad faith or illusory, so the Master Chow sanction was refused. Separately, the Lam J Disclosure Order required 'virtually complete compliance' in respect of transactions within D2's knowledge and production of documents in its possession, custody or power; on the evidence D2's disclosure was inadequate. The court therefore granted a further unless order: D2 m…