Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Striking out for lack of cause of action

  • 16 Jul 2025

    孫麗鶯 對 香港汽車保險局

    Citation
    [2025] HKCA 667
    Court
    Court of Appeal
    Case number
    CACV328/2024

    The Court ordered security for costs because the appellant failed to provide evidence rebutting the respondent's assertion of impecuniosity and enforcement difficulties, and the appellant's filed materials did not show a high chance of success on appeal; accordingly special circumstances justified ordering security of HK$270,000 and staying the appeal until payment.

    • Security for costs
    • Striking out for lack of cause of action
    • Costs orders
    • Legal aid
    • Statutory demand

  • 6 Jun 2012

    TSANG SIU CHONG v. KIM LUNG TRANSPORTATION SERVICES LTD AND OTHERS

    Citation
    TSANG SIU CHONG v. KIM LUNG TRANSPORTATION SERVICES LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1003/2012

    The court struck out all claims of P1 and P6 because the pleaded and evidenced wrongs post-dated the injection of the partnership business into the companies so any loss belonged to P2-P5 (or P4) and Tsang's alleged loss was at best reflective; there was no valid ratification of MPC's authority and defendants did not rely on MPC's implied warranty of authority so the court declined to exercise its summary jurisdiction to order MPC personally to pay wasted costs, but ordered costs against P6 for P1 and P6's claims and apportioned hearing costs as stated.

    • Derivative action
    • Anton piller order
    • Striking out for lack of cause of action
    • Reflective loss
    • Ratification of authority
    • Wasted costs order