Hong Kong Case Law: Decisions & Judgments

Topic

Third party procedure

Legal area

Court

11 Feb 1999

OCEAN MORE ENTERPRISES LTD. v. COMMERCIAL UNION ASSURANCE CO. PLC and WAN CHUNG HOLDINGS LTD. (Third Party)

Citation

OCEAN MORE ENTERPRISES LTD. v. COMMERCIAL UNION ASSURANCE CO. PLC and WAN CHUNG HOLDINGS LTD. (Third Party)
Court

Court of First Instance
Case number

HCCT12/1997

The court ordered the first, second and third parties to supply specified particulars within set time limits, allowed that the first defendant may avoid supplying particular particulars if it unequivocally states it is not pursuing the allegations, and awarded costs against the first and second defendants to the plaintiff and against the third party to the first defendant.
19 Dec 1980

DEKS AIR (HONG KONG) LTD v. FREIGHT MANAGEMENT INTERNATIONAL (A FIRM) AND ANOTHER

Citation

DEKS AIR (HONG KONG) LTD v. FREIGHT MANAGEMENT INTERNATIONAL (A FIRM) AND ANOTHER
Court

Court of First Instance
Case number

HCA4261/1980

The Registrar's summary judgment was set aside because the statement of claim was too bare and the affidavit material and documentary exhibits did not, on the pleading, establish an unarguable case against the Defendant; there was a triable issue as to whether the Defendant was liable or merely an agent with obligation only to account when freight was collected.
20 Oct 1977

BHOJSONS & CO (HK) LTD v. E.M.G. AIR SERVICES (HK) LTD

Citation

BHOJSONS & CO (HK) LTD v. E.M.G. AIR SERVICES (HK) LTD
Court

Court of First Instance
Case number

HCA2575/1975

The court refused the anticipatory declaratory order because the remedy is discretionary and should not be granted absent all relevant representations and sufficient evidence; alternative, more appropriate procedures (e.g. third party summons in prospective proceedings by the consignee) existed; consignor's Convention rights had been extinguished once consignee's rights arose, leaving no common law basis for the sought declaration; however the undisputed excess payment of 1,125 was awarded to the plaintiff.

Hong Kong Case Law

OCEAN MORE ENTERPRISES LTD. v. COMMERCIAL UNION ASSURANCE CO. PLC and WAN CHUNG HOLDINGS LTD. (Third Party)

DEKS AIR (HONG KONG) LTD v. FREIGHT MANAGEMENT INTERNATIONAL (A FIRM) AND ANOTHER

BHOJSONS & CO (HK) LTD v. E.M.G. AIR SERVICES (HK) LTD