Case Updates

Dangerous drugs – trafficking – 933 grams of cocaine – international element – account taken of defendant’s participation in controlled delivery operation – failure to indicate by how much starting...
December 2016
Summary order for account – order under O.43 r.1 sought for true and proper account for income and expenditure of t’ong – O. 43 r. 1 not appropriate for seeking specific discovery, answers to...
December 2016
Discount and mitigation – drug trafficking – post-sentence events – recognition should be given to prisoner for participation in campaign to warn Africans about dangers of drug trafficking in Hong...
December 2016
Writ – service – leave to serve writ out of jurisdiction – setting aside – whether contract between plaintiff and second defendant within O. 11 r. 1(1)(d)(iii) and (iv) – whether Recorder’s approach...
December 2016
Expert evidence – disqualification proceedings against company directors under s. 214(2)(d) – leave to file and serve expert evidence on PRC law – proceedings subject to Practice Direction 5.2 –...
December 2016
Compulsory winding-up – petition – application to amend petition by substituting original debt for post-petition debt – jurisdiction to do so – test less stringent than that for plaintiff seeking...
December 2016
Extension of time for appeals – applications for leave to appeal against trial court’s refusal of extension of time to appeal from its decision and renewal application before Court of Appeal for...
December 2016
Termination – notice period – exclusivity agreement for negotiations with liquidators to restructure company – whether notice by liquidators terminating agreement satisfied time requirement – whether...
December 2016
Court of Appeal – appeal – respondent’s notice – extension of time to serve notice outside O. 59, r. 6(3) time limit – question of whether Hong Kong courts should adopt approach in English...
November 2016
Civil contempt – committal proceedings for breach of court undertaking – construction of undertakings by defendant – would not be enforced by committal unless clear and unambiguous language – penal...
November 2016
Rape – restrictions on cross-examination under s. 154 – whether unfair to defendant for trial judge to have refused leave to adduce evidence of, and ask questions about complainant’s sexual...
November 2016
Appeals – findings of fact – trial judge misdirected himself as to effect of certain evidence to support his conclusion – judgment set aside – retrial of action This litigation concerned the...
November 2016
Judicial review – role of inferior tribunal – whether should appear at judicial review application – whether “neutral” stance appropriate P brought proceedings claiming entitlement to the credit...
November 2016
Priority of debts – petitioning creditor – application for priority payment from bankrupt’s estate under s.38(5B) – legal costs incurred to fund proceedings to recover assets for creditors’ benefit...
November 2016
Commissioner of Correctional Services – decision dismissing applicant without retirement benefits following disciplinary proceedings – whether erred in treating previous cases of disciplinary...
November 2016
Vexatious litigant – s. 27 order restraining litigant from commencing or issuing fresh claims or proceedings against plaintiff – granted by consent with proviso D, acting in person, brought or was...
October 2016
Economic torts – conspiracy to injure – instructions received and conveyed by solicitor from client not sufficient to establish conspiracy – in order to found good cause of action, solicitor must...
October 2016
Shares – transfer – execution by Registrar of instrument of transfer of share held on trust – rectification of register of members Pursuant to O. 85 of the Rules of the High Court (Cap. 4A, Sub....
October 2016
Confessions – voluntariness – directions – approach where defendant’s out-of-court statements alleged to be result of oppression – failure to give Mushtaq direction material irregularity D was...
October 2016
Patents – revocation proceedings – applications for amendment of patents – court’s approach to exercise of discretion – delay alone not fatal to applications In October 2013, P commenced this...
October 2016