Case Updates

Company law - liquidation - order for production of documents under s.221(3) - meaning of documents "relating to the company" - included at least matters "concerning promotion, formation, trade,...
August 2018
Civil procedure – validity of contract – no oral modification – whether a contractual term prescribing that an agreement may not be amended save in writing signed on behalf of the parties is legally...
August 2018
Criminal law and procedure - sexual offences - indecent assault, contrary to s.122 - indecent acts with girl aged 13 but whom defendant believed was aged 17 - defence of honest and reasonable belief...
July 2018
Company law — statutory derivative action — application for leave to commence statutory derivative action on behalf of charitable company limited by guarantee — whether in best interests of company...
July 2018
Intellectual property — trade marks — passing off — goodwill generated by branch office in Hong Kong of foreign law firm — ownership of goodwill — approach — unlawful transfer of trade marks —...
July 2018
Criminal evidence - expert evidence - admissibility - testimony of specialist psychiatrist on consumption rates of certain drugs in Hong Kong - whether testimony relevant and reliable - whether...
July 2018
Administrative law — Commissioner for Correctional Services — standing order issued by Commissioner requiring male prisoners, but not female prisoners, to have their hair cut — not direct sexual...
July 2018
Criminal law and procedure — personal data privacy offences — elements of offence — proof of mens rea not required — offence of strict liability — whether communication “direct marketing” — whether...
July 2018
Criminal sentencing — computation of sentences of imprisonment — whether (a) period of administrative detention; and (b) period in remand in relation to other offences of which defendant not...
July 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
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...
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...
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
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
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