Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Use of inquest evidence
  • 15 Jan 2016

    HO OI MUI AND OTHERS v. KUONI TRAVEL (CHINA) LTD

    Citation
    HO OI MUI AND OTHERS v. KUONI TRAVEL (CHINA) LTD
    Court
    Court of First Instance
    Case number
    HCPI642/2015

    The defendant's application to dismiss was dismissed because the court was not satisfied the plaintiffs had unreasonably delayed given the complexity of the foreign accident, the unresolved factual issue of the relationship between the defendant and the Egyptian balloon operator which may require inquest evidence, the writ remained unexpired and the claim was not time‑barred; on balance prejudice to the defendant did not justify dismissal and it was premature to make further adverse orders under Order 12 r8A(2).