Hong Kong Case Law: Decisions & Judgments

Topic

Trial de novo

Legal area

Court

6 Jul 2023

CHUI v. CHENG

Citation

[2023] HKCA 774
Court

Court of Appeal
Case number

CACV339/2022

The Court of Appeal held that most of the Deputy District Judge's case management decisions fell within the proper exercise of discretion (trial de novo and expunction were within range), but the Unless Order was made without properly considering the children's welfare and was therefore plainly wrong; the costs order as assessed was excessive because only specific items were properly 'thrown away', so the Wasted Costs Order was set aside and substituted with a costs thrown away award of HKD 154,320; a new trial is ordered before another judge; other orders largely stand.
27 Sept 2022

POWERTECHNIC LTD v. THE INCORPORATED OWNERS OF MONTE VISTA

Citation

[2022] HKDC 1023
Court

District Court
Case number

DCCJ874/2019

The court exercised its case-management discretion to permit the plaintiff to file supplemental witness statements and documents despite lateness, ordered the trial adjourned and retried de novo to ensure fair disposal, granted the defendant leave to file responsive supplemental statements, dispensed with English translation of new Chinese documents, and ordered the plaintiff to pay the defendant costs of the summons (party and party with counsel certificate) and to pay the defendants costs thrown away by the adjournment on an indemnity basis, summarily assessed at HK$240,000.00.
14 Apr 2022

YKH v. LSM

Citation

[2022] HKFC 88
Court

Family Court
Case number

FCMC243/2011

The court found the petitioner deliberately misstated that the respondent had taken the child in 2004 and failed to disclose material facts (including the child's availability and other contacts); the nondisclosures were material to the court's weighing operation and not innocent, therefore the three ex parte substituted service orders (and the directions order based on them) were discharged, the ancillary relief judgment was set aside and a trial de novo ordered; costs awarded to the respondent.
12 Jul 2021

LI NGAN KWAN v. GAO LI HUI AND ANOTHER

Citation

[2021] HKCFI 1946
Court

Court of First Instance
Case number

HCA276/2007

Given that the bulk of critical evidence (notably handwriting expert testimony and most factual witnesses including the parties) remained unexamined, the long lapse of time, logistical uncertainty as to the deputy judge's availability and the need for a fair fresh assessment of credibility, the court exercised its discretion to order a trial de novo before a new full-time judge, reserving costs issues to the trial judge.
28 Mar 2019

HASHIMI HABIB HALIM v. SECRETARY FOR JUSTICE

Citation

[2019] HKCFI 548
Court

Court of First Instance
Case number

HCAL269/2017

The magistrate acted properly by disclosing his prior professional dealings, hearing the parties, and recusing himself once the defence became a personal and offensive attack on the witness; the decision to order a trial de novo was reasonable and lawful, so the applicant's judicial review is dismissed.
13 Aug 2012

PACIFIC DUNLOP GARMENTS LTD v. FUNDAMENTAL GLOBAL LTD AND OTHERS

Citation

PACIFIC DUNLOP GARMENTS LTD v. FUNDAMENTAL GLOBAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1655/2008

Adjournment was properly granted and a trial de novo ordered because plaintiff's counsel was unable to continue, the court would not compel disclosure of the reason absent demonstrated prejudice, and any prejudice to defendants could be compensated by indemnity costs; accordingly the plaintiff must pay costs of and occasioned by the adjournment on an indemnity basis to be taxed if not agreed.
19 Sept 2011

CHAN WAI TAK v. CHAN MAU PING AND OTHERS

Citation

CHAN WAI TAK v. CHAN MAU PING AND OTHERS
Court

Court of First Instance
Case number

HCA2321/2009

The court found the Foshan Court certificate established that the 4th defendant had been validly served and that her unexplained failure to take steps until trial caused the adjournment; accordingly the trial was adjourned for a trial de novo, the 4th defendant was granted conditional leave to file her defence and evidence only upon payment into court of security for costs of HKD 485,000, and she was ordered to bear the costs of and occasioned by the adjournment.
13 Jun 2011

THE SECURITIES AND FUTURES COMMISSION v. TSOI BUN

Citation

THE SECURITIES AND FUTURES COMMISSION v. TSOI BUN
Court

Court of First Instance
Case number

HCMA451/2010

The deputy magistrate's failure to set out material findings and the grounds of his determination in the Case Stated was an error of law that defeated the statutory appeal process; the deputy magistrate's absence from judicial office (including refusal to be re‑appointed after expiry of appointment) falls within s.118(1)(f) and rendered amendment impossible; there is good cause to order a trial de novo and to reverse the acquittal.
16 Nov 2005

PROSPEROUS NURSING CENTRE LTD v. CHEUNG YUK YING AND ANOTHER

Citation

PROSPEROUS NURSING CENTRE LTD v. CHEUNG YUK YING AND ANOTHER
Court

Court of Appeal
Case number

CACV159/2005

Security for costs in the sum of $120,000 was ordered against Yek Tak because available evidence (minimal issued capital, ceased operation, low retained profit and failure to disclose current finances) warranted an inference of impecuniosity; no security was ordered against Madam Cheung because the costs order made by the judge was unlikely to have been intended to bind her and there was insufficient evidence to make her liable.
8 Apr 2005

PROSPEROUS NURSING CENTRE LTD v. CHEUNG YUK YING AND ANOTHER

Citation

PROSPEROUS NURSING CENTRE LTD v. CHEUNG YUK YING AND ANOTHER
Court

Court of First Instance
Case number

HCA3810/2002

The court exercised its discretion to allow the proposed amendment to add the two defendants to the counterclaim and granted an adjournment and a trial de novo because a single trial on the conspiracy was preferable; however, having regard to timing and prejudice the court imposed full costs against the defendants to the plaintiff to reflect the lateness of the application and the reconstitution of the trial.