Hong Kong Case Law: Decisions & Judgments

Topic

Trial on affidavits

Legal area

Court

13 Dec 2024

溫嘉路 v. 蘇進輝

Citation

[2024] HKDC 2118
Court

District Court
Case number

DCPI4387/2022

The statement of claim disclosed a reasonable cause of action in negligence and it was not a plain and obvious case to strike out; the defendant failed to show as a matter of law and fact that a binding settlement agreement had been concluded; because the existence of any settlement agreement is a discrete issue and not suitably resolved on the instant record, the proper course is a preliminary trial on affirmations on that issue with detailed directions, and the striking out application is dismissed for now.
8 Aug 2022

ASPAROUH IANEV DIMITROV as administrator of the estate of KALOIAN IANEV DIMITROV (Deceased) v. DOMINIC TAK MING LAU also known as LAU TAK MING AND ANOTHER

Citation

[2022] HKCA 1146
Court

Court of Appeal
Case number

CACV568/2020

The Court held that the Charging Order registered as a nisi on 23 November 2017 had priority over the Assignment registered on 19 January 2018 by operation of ss 3(1) and 5A of the LRO and the relation back principle; an alleged oral gift of land was ineffective without the statutory deed formalities and the 2nd Defendant failed to prove any proprietary or promissory estoppel on the evidence before the judge; the judge did not err in deciding disputed facts on affidavit evidence where parties had agreed a paper determination; and the order for sale was a proper exercise of discretion.
18 May 1976

KOWLOON STOCK EXCHANGE LTD AND OTHERS v. SO KAN NANE AND OTHERS

Citation

KOWLOON STOCK EXCHANGE LTD AND OTHERS v. SO KAN NANE AND OTHERS
Court

Court of Appeal
Case number

CACV54/1975

The Court of Appeal held the Statement of Claim disclosed a cause of action and there were genuine disputed material facts as to whether the purchase was intra vires or ultra vires which could not properly be resolved on affidavits in chambers; accordingly the appeal to strike out was dismissed and the matter must proceed to trial (with discovery and possible interrogatories).

Hong Kong Case Law

溫嘉路 v. 蘇進輝

ASPAROUH IANEV DIMITROV as administrator of the estate of KALOIAN IANEV DIMITROV (Deceased) v. DOMINIC TAK MING LAU also known as LAU TAK MING AND ANOTHER

KOWLOON STOCK EXCHANGE LTD AND OTHERS v. SO KAN NANE AND OTHERS