Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Writ renewal

Legal area

Court

1 Aug 2002

RE THE YUAN TONG NO. 6

Citation

RE THE YUAN TONG NO. 6
Court

Court of First Instance
Case number

HCAJ159/2002

The ex parte application for a warrant of arrest was refused because the plaintiffs' solicitors provided no information that the vessel was or was about to be in Hong Kong and ex parte warrants require full disclosure and good reason; solicitors must actively monitor vessel movements and cannot rely on automatic issuance of warrants or on the Marine Department and bailiff to track vessels.
7 Jul 1982

KROHN AND CO IMPORT/EXPORT v. OAK STEAMSHIP CO LTD AND ANOTHER

Citation

KROHN AND CO IMPORT/EXPORT v. OAK STEAMSHIP CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCAJ268/1980

The court held that the Amendment Rules of 1981 deprived old-form personal writs of the ability to be served after 15 September 1981 so service on 5 October 1981 was ineffective rather than a mere irregularity; extension/renewal would therefore improperly deprive defendants of their statutory time-bar defence under Article III and plaintiff failed to show exceptional circumstances to justify departure from the general rule; Master Blackwell’s orders extending the writ and permitting a concurrent new-form writ were set aside and the plaintiff’s application to amend the writ was dismissed.