Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undertaking and consent order
  • 14 Nov 2014

    HO SIN YING v. CHAN YUI LING AND ANOTHER

    Citation
    HO SIN YING v. CHAN YUI LING AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV221/2013

    The court refused leave because the questions raised did not engage the public importance limb of s22(1)(b) and the otherwise limb was not satisfied; the court placed decisive weight on the Plaintiff's breach of the Undertaking (and resulting abandonment) rather than mere discontinuance, so no basis for leave existed and the Notice of Motion was dismissed with costs.

    • Leave to appeal
    • Cause of action
    • Res judicata / abuse of process (henderson v henderson)
    • Undertaking and consent order
    • Limitation period for estate claims
    • Public interest limb of leave