Case Updates

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...
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...
June 2018
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....
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...
June 2018
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 —...
June 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 —...
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...
May 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...
May 2018
Dangerous drugs – trafficking - knowledge The Applicant was convicted after trial of trafficking in 572 grammes of cocaine. The issue at trial was the Applicant’s knowledge that she was carrying...
May 2018
Appeal grounds – appeal procedure In Wiwik Lestari, Counsel for the Applicant had advanced 10 grounds of appeal. The Court had not found it necessary to invite the Prosecution to reply to any...
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...
May 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...
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...
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...
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...
April 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...
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...
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...
April 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...
March 2018
Criminal law and procedure — arraignment — defendant’s personal attendance at his arraignment necessary even if he resided abroad and arraignment only for purpose of his formal acquittal Words and...
March 2018