Case Updates

The Court of First Instance overturned the decision made by the Labour Tribunal relating to how to interpret the terms of an employment contract and liability to make a payment in lieu of notice when...
February 2020
Conspiracy and knowledge of specific drug Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was...
February 2020
Civil procedure — costs — sanctioned offer or payment — approach to awarding of enhanced interest and indemnity costs when plaintiff did better than sanctioned offer By an order nisi it...
January 2020
Company law — scheme of arrangement — sanction by court — modifications to scheme and scheme document after distribution of scheme document, before and at scheme meeting — whether modifications...
January 2020
A barrister and a firm of solicitors were initially retained on a private basis for an Applicant in his appeal against his indecent assault conviction in the High Court. One of the grounds of appeal...
January 2020
Administrative law — Appeals Tribunal of Hong Kong Federation of Insurers — Hong Kong Federation of Insurers Insurance Agents Registration Board — failure of administrative tribunal to seek proper...
January 2020
Family law — children — relocation — appeal against order relocating children out of jurisdiction — judge correct in adopting approach in Payne v Payne — drastic change of circumstances since...
December 2019
Springboard Injunctions In this case, the High Court considered the scope of a springboard injunction application brought by McLarens Hong Kong Limited (“McLarens”). Material Facts McLarens...
December 2019
Wills, probate and succession — administration of estate — executor — removal — substitution of court-appointed administratrix — continued occupation of deceased’s properties by former executor —...
December 2019
Civil procedure — security for costs — application for order against plaintiff under Companies Ordinance (Cap. 622) s. 905 — counterclaim by defendant — whether unjust to order security because claim...
December 2019
Criminal sentencing — cruelty to animals — sentencing principles — inappropriate to lay down sentencing tariffs or guidelines given existing statutory framework — deterrent sentence necessary —...
December 2019
Criminal sentencing — manslaughter — suicide pact — 20-year-old defendant and 16-year-old girlfriend — defendant survived but girlfriend drowned — culpability of defendant, taking into account his...
October 2019
Civil Procedure — stay of action in favour of arbitration — contractual interpretation — incorporation of arbitration clause P and John Dewey Group (“JD”) entered into a transfer agreement for the...
October 2019
Company law — voluntary winding-up — whether should be converted to compulsory winding-up — if majority of creditors preferred voluntary liquidation, petitioner would have to show valid reason An...
October 2019
Criminal law and procedure — without written authority of MTR Corporation, posting matters, namely stickers, in concourse of MTR station being railway premises — burden on defence to prove existence...
October 2019
Bankruptcy – setting aside a statutory demand – misrepresentation – dispute covered by an arbitration clause – whether a statutory demand should be set aside because of an arbitration agreement – the...
September 2019
Civil procedure — application to appellate court for leave to amend pleadings after judgment given against applicants at first instance — proposed amendments raised new case and entailed withdrawal...
September 2019
Criminal law and procedure — trial — entitlement to interpretation facilities — component of right to fair trial — inadequacy of interpretation resulting in denial of fair trial D was convicted of...
September 2019
Human rights — equality before the law — sexual offences involving male homosexual conduct — Crimes Ordinance (Cap. 200) ss. 118G, 118H, 118J(1) and 118K unconstitutional as discriminatory against...
September 2019
Employment law — termination of employment — wrongful termination —appeal against findings in favour of employer on “valid reason” implied term — allowed, with case remitted for consideration of such...
September 2019