Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Striking out test

Legal area

Court

24 Feb 2026

KOO MING KOWN v. THE BAPTIST CONVENTION OF HONG KONG AND OTHERS

Citation

[2026] HKCFI 1096
Court

Court of First Instance
Case number

HCA694/2024

Plaintiff's pleaded claims against the intended defendants are plainly unarguable because the fraud and conspiracy allegations are insufficiently particularised, lack essential elements (knowledge, agreement, overt acts and intention), and BOCs cannot be treated as representations to the plaintiff; accordingly joinder and the proposed amendments are refused and the appeal is dismissed; indemnity costs awarded due to unreasonable conduct in pursuing baseless serious allegations.
10 Apr 2013

WONG TAK MAN, STEPHEN AND ANOTHER v. CHEUNG SIU FAI AND ANOTHER

Citation

WONG TAK MAN, STEPHEN AND ANOTHER v. CHEUNG SIU FAI AND ANOTHER
Court

Court of First Instance
Case number

HCMP1431/2012

The striking out application was dismissed because the trustees' case that the 36 transfers were gifts and therefore transactions at an undervalue under s49 was reasonably arguable; the statutory presumption of insolvency under s51(2) applied to transfers to associates and the respondents failed to rebut that presumption on the material available, so the claim disclosed a reasonable cause of action and was not an abuse of process.