Hong Kong Case Law: Decisions & Judgments

Topic

Striking out for failure to prosecute

Legal area

Court

23 Jun 2025

WMF v. TY aks TLY, the executrix to the estate of the Deceased

Citation

[2025] HKFC 114
Court

Family Court
Case number

FCMP24/2023

Respondent failed to comply with the New Arrangement by filing skeleton submissions late without leave, took no timely remedial steps or application for retrospective leave, and in the balancing exercise (Applicant's advanced age, needs-based award, likely multi-year delay and inequality of arms) the failure amounted to failure to prosecute with due diligence; accordingly striking out and dismissal of the leave application was justified and costs and certificate for counsel were ordered.
10 Jan 2018

EVANGELINE J. DELA CRUZ v. STEVEN JOHN DELICH

Citation

[2018] HKDC 15
Court

District Court
Case number

DCEC1689/2017

Although the applicant's Notice to the Labour Department and her unexplained absence demonstrated an intention to abandon the claim, the Labour Department withdrawal alone did not effect discontinuance in court and the provisional strike-out power under O.25 r.4 was inapplicable to a directions hearing. Nevertheless, having found the applicant has failed and will continue to fail to prosecute, the court exercised its active case management powers to make an order nisi striking out the application for failure to prosecute, with no order as to costs, subject to variation within 28 days and vaca…
20 Jul 2006

AU YEUNG ON v. CHE SHING CHEONG WILFRED AND OTHERS

Citation

AU YEUNG ON v. CHE SHING CHEONG WILFRED AND OTHERS
Court

Court of First Instance
Case number

HCMP4745/1999

Defendants failed to prove either contumelious default or that the delay produced a substantial risk to a fair trial or serious prejudice, and they did not establish exceptional circumstances to justify striking out during the limitation period; accordingly the striking out was wrong, the Master's costs order should not be charged to the Plaintiff, and the Plaintiff is entitled to the costs of the appeal and of this hearing.

Hong Kong Case Law

WMF v. TY aks TLY, the executrix to the estate of the Deceased

EVANGELINE J. DELA CRUZ v. STEVEN JOHN DELICH

AU YEUNG ON v. CHE SHING CHEONG WILFRED AND OTHERS