Hong Kong Case Law: Decisions & Judgments

Topic

Trial of preliminary issue

Legal area

Court

12 Jul 2023

CHINA CITY CONSTRUCTION & DEVELOPMENT CO., (HK) LTD v. CHINA CITY CONSTRUCTION (INTERNATIONAL) CO., LTD

Citation

[2023] HKCFI 1649
Court

Court of First Instance
Case number

HCA356/2022

The court ordered HCA 356 to be stayed pending resolution of HCA 309 upon CCCI giving an undertaking because (1) the Trust/Title issues are already raised in HCA 309 and can be determined there, (2) trying HCA 356 in parallel would cause duplication, unnecessary costs and risk inconsistent findings, and (3) no exceptional circumstances or special grounds justified ordering the Title/Trust Issue to be tried as a preliminary issue excluding other HCA 309 defendants.
2 Jul 2020

NAGRAVISION SA v. ZHUHAI GOTECH INTELLIGENT TECHNOLOGY CO LTD AND OTHERS

Citation

[2020] HKCFI 1422
Court

Court of First Instance
Case number

HCIP29/2019

The court refused the O14A application and refused a preliminary issue trial because the issues framed involve substantial disputes of mixed law and fact (including foreign law and technical factual issues), and determining them summarily would be inappropriate and inefficient; the s275 locus preliminary trial would not significantly advance or dispose of the litigation and could cause duplication and delay. Costs ordered against the 1st and 2nd Defendants.
31 May 2019

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD AND OTHERS v. SHEARMAN & STERLING (a firm) AND OTHERS

Citation

[2019] HKCFI 1395
Court

Court of First Instance
Case number

HCA806/2006

It is just and convenient to order a trial of the preliminary issue on the validity of the Deeds of Assignment because the issue is discrete, likely to be short, would dispose of most of the 1st Plaintiff's claims thereby substantially reducing complexity and costs, and because extensive delay and staleness make progression necessary; the proposed amendment to reinstate claims of the 2nd-4th Plaintiffs does not carry substantial weight and would be contested, so it should not prevent the preliminary issue being tried now.
30 Jun 2015

WEALTH LEE FINANCE LTD v. NG FUN LUNG AND ANOTHER

Citation

WEALTH LEE FINANCE LTD v. NG FUN LUNG AND ANOTHER
Court

District Court
Case number

DCCJ2060/2013

Because the plaintiff conceded the correct construction of clause 20 (limiting the attorney's power to acts for the donor's benefit), the substantive issue raised by the O.14A summons became otiose; the court refused to permit interlocutory oral evidence/trial of a preliminary issue absent pleaded allegations and discovery on grounds of procedural unfairness and potential injustice, and therefore dismissed the summons while making consequential directions and costs orders.

Hong Kong Case Law

CHINA CITY CONSTRUCTION & DEVELOPMENT CO., (HK) LTD v. CHINA CITY CONSTRUCTION (INTERNATIONAL) CO., LTD

NAGRAVISION SA v. ZHUHAI GOTECH INTELLIGENT TECHNOLOGY CO LTD AND OTHERS

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD AND OTHERS v. SHEARMAN & STERLING (a firm) AND OTHERS

WEALTH LEE FINANCE LTD v. NG FUN LUNG AND ANOTHER