Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Urgent application

Legal area

Court

30 Oct 2014

FCL CHINA DEVELOPMENT PTE. LTD AND ANOTHER v. LAI YUEN LING AND OTHERS

Citation

FCL CHINA DEVELOPMENT PTE. LTD AND ANOTHER v. LAI YUEN LING AND OTHERS
Court

Court of First Instance
Case number

HCA642/2013

Refusal of interim stay because plaintiffs had only taken preservation measures and had not initiated execution so there was no present urgency; defendants were given liberty to reapply if circumstances changed but must meet a high threshold of urgency; no undertaking for 48-hour notice was ordered because it would defeat preservation.
26 May 2014

MOTOROLA SOLUTIONS CREDIT CO LLC v. KEMAL UZAN AND OTHERS

Citation

MOTOROLA SOLUTIONS CREDIT CO LLC v. KEMAL UZAN AND OTHERS
Court

Court of First Instance
Case number

HCMP1237/2014

Leave to appeal was refused because the Deputy Judge's decision to permit cross‑examination was a case‑management discretion not shown to be plainly wrong; cross‑examination on interlocutory affidavits is allowable where necessary to test assertions material to the interlocutory relief (here continuation of receivership) and can be controlled in scope; the urgent application was inadequately justified and therefore without merit, warranting an indemnity costs order against the 8th Defendant.