Land law — title/sale of land — receipt clause — whether conclusive evidence of payment —claim by vendor for unpaid purchase price — whether defeated by receipt clauses in agreement and assignment —...
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Thomson Reuters – Sweet & Maxwell
Thomson Reuters – Sweet & Maxwell are the publishers of the Authorised Hong Kong Law Reports & Digest ("HKLRD") and the Authorised Hong Kong Court of Final Appeal Reports ("HKCFAR"), and providers of Westlaw HK (www.sweetandmaxwell.com.hk / www.westlaw.com.hk).
Employment law — employees’ compensation — joinder of alleged principal contractor as co-respondent — application made outside s.14(1) limitation period — whether reasonable excuse for delay under s....
12 June 2018
Criminal law and procedure — jury — discharge of juror — juror sought out celebrity-public supporter of defendant who had expressed antipathy towards prosecution and views on merits of case on...
12 June 2018
Company law — winding-up — petition — dispute by company of debt relied on by petitioner — dispute covered by arbitration clause — petition should generally be dismissed — winding-up order as...
12 June 2018
Civil procedure — charging order — discharge — property jointly owned by plaintiff and defendant — order for sale of property — court had no power to order party to discharge charging order against...
12 June 2018
Civil procedure — writ — amendment — writ mistakenly issued against company with same name as defendant but separate legal entity with different address — amendment of address on writ — was...
12 June 2018
Taxation — stamp duty — leave to appeal out of time — whether applicant prevented by illness from lodging appeals within time — whether requirements under s. 14(1B) and (5B) of the Stamp Duty...
17 May 2018
Civil procedure — stay — action for recovery of debt from spouse — wrong in principle to stay action pending determination of ancillary relief proceedings Family law — divorce — ancillary relief —...
17 May 2018
Civil procedure — costs — summary assessment — litigant in person — principles — whether overall costs of appeal sought disproportionate — if so, whether each item necessary and its cost reasonable...
17 May 2018
Civil procedure — admiralty proceedings — application of guidelines for imposing condition requiring payment into court — costs
P’s vessel, The Rainbow, sank with cargo fuel and effects...
17 May 2018
Taxation — stamp duty — appeal against assessment by way of case stated — seven-day time limit — court had no jurisdiction to extend time limit — Stamp Duty Ordinance (Cap. 117) s. 14(2)
Human...
11 April 2018
Criminal law and procedure — possession of offensive weapon in public place — chilli spray — not offensive weapon per se — whether offensive weapon on basis intended for purpose of causing injury to...
11 April 2018
Criminal law and procedure — costs — taxation — guidance for drafting of bills for criminal matters — basis of taxation — appropriate hourly rates — approach where government counsel did work of both...
11 April 2018
Criminal sentencing — road traffic offences — speeding — defendant pleaded guilty to charge which did not specify exact speed of vehicle alleged — whether magistrate had power to conduct Newton...
11 April 2018
Civil procedure — discovery — inappropriate in matrimonial proceedings to seek discovery against banker of spouse rather than spouse
In these matrimonial proceedings, the petitioner-wife applied...
11 April 2018
Civil procedure — default judgment — action for declaration of trust — whether appropriate case for grant of judgment — whether entire value of fund allegedly subject to trust within jurisdiction of...
11 April 2018
Civil procedure — costs — sanctioned offer or payment — acceptance out of time — whether usual costs order should apply — correct approach — question was whether unjust to make usual order, not...
11 April 2018
Civil procedure — legal aid — legally aided person — permissible for assigned solicitor to act on private basis for aided person for part of proceedings not covered by legal aid certificate —...
7 March 2018
Land law — compulsory sale for redevelopment — valuation of lot — “marriage” value — whether open market value of subject lot should include redevelopment potential of adjoining lots on a merged site...
7 March 2018
Family law — children — access — interim interim order granting access — appeal against exercise of discretion not appropriate, unless extremely plain decision was wrong
The Judge granted F an...
7 March 2018
