Insider dealing – s. 271(3) defence that purpose of dealing did not include securing profit by “using relevant information” – “using” in s. 271(3) did not cover withholding or non-...
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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).
9 August 2017
Parentage – declaration sought under s. 6(1) that respondent natural father of applicant – respondent absent and no scientific evidence – immigration status of applicant at issue – degree of...
9 August 2017
Loss of earnings – loss of earning capacity – future medical expenses – approach to be taken by plaintiff in establishing entitlement to award of damages
On 18 June 2009, P, then aged 34, was...
9 August 2017
Wasted costs order – defence counsel ordered to pay wasted costs personally for his conduct during trial – principles involved in making wasted costs order – court’s approach
D appeared in the...
9 August 2017
Appeal – leave to appeal out of time – claim against third parties to contribute to damages suffered by injured plaintiff – whether extension of time to be granted
P was a general worker engaged...
9 August 2017
Maritime claims – limitation decree – extension of deadline under decree for additional claimants to file claims against limitation fund – whether claims time-barred under s. 7(1) – whether claim “...
9 August 2017
Employees’ benefits – civil servant – whether Government entitled to deduct from pension benefits of civil servant in settlement of debt upon discharge from bankruptcy
In February 1999, B, a...
7 July 2017
Prosecution’s duty of disclosure – suggestions as to improvement of system for ensuring that proper disclosure made
D faced a count of conspiracy to throw corrosive fluid, namely sulphuric acid,...
6 July 2017
Fresh evidence – appeal proceedings – refusal to admit evidence on appeal – no reasonable explanation advanced for failure to adduce such evidence at first instance – court not satisfied admitting...
6 July 2017
Costs – taxation – Department of Justice, as receiving party in taxation of costs in criminal appeal, should provide information on seniority of Government counsel involved in appeal
The question...
6 July 2017
Scheme of arrangement – liquidation – scheme proposed expeditious distribution of large surplus and avoided litigation over legal issues – determining classes of creditors: in insolvency commonality...
6 July 2017
Parties – person assisting claimant in Labour Tribunal proceedings found guilty of insulting behaviour – proper parties to appeal – person committed for contempt and Secretary for Justice as...
6 July 2017
Administration of estates – grant of letters of administration – revocation – removal of existing administrators – furnishing of accounts by them – fresh grant to professional administrator
X died...
9 June 2017
Action for account – six-year limitation period under s. 4(2) – claim based on fiduciary duty of company director/de facto director to account to company for monies – claim for equitable relief...
9 June 2017
Title/sale of land – assignment – application for order for execution of confirmatory assignment to rectify error – defendant dissolved long before proceedings commenced – proceedings not properly...
9 June 2017
Marriage – validity – alleged marriage ceremony during dinner in PRC in 1949 – period between abrogation of Civil Code and before PRC Marriage Law came into effect in 1950 – whether formal validity...
9 June 2017
Multiple offences – totality – final stage of process by which court determined appropriate totality of sentence
D (who was in his mid-50s, had lived in Hong Kong since the age of eight and was...
9 June 2017
Injunctions – extended Mareva injunction based on “Chabra” jurisdiction – defendant’s substantive control over assets held by third party not sufficient to invoke “Chabra” jurisdiction...
9 June 2017
Will – validity – whether will to take effect on satisfaction of condition – no express condition in will – whether valid as conditional will – whether requisite testamentary intent for will to have...
5 May 2017
Tenancy agreement – parties signed agreement and then another agreement at higher rent – whether first or second agreement prevailed – effect of non-stamping of first agreement – both agreements...
5 May 2017
