Case Updates

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
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 - Dangerous Drugs – previous convictions - very different offences calling for very different levels of punishment and/or types of sentence D was convicted, on his own plea, of...
March 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
Land law — compulsory sale for redevelopment — valuation of lot — “marriage” value — whether open market value of subject lot should include redevelopment potential of adjoining lots on a merged site...
March 2018
Criminal sentencing — conspiracy to make explosive substances — possessing explosive substances — conspiracy to make smoke bombs for use at impending public demonstrations — possessing explosive...
March 2018
Civil procedure — legal aid — legally aided person — permissible for assigned solicitor to act on private basis for aided person for part of proceedings not covered by legal aid certificate —...
March 2018
Town planning — Town Planning Board — decision rejecting application under s. 12A to rezone site from “open space” to “residential” — whether procedural irregularity by taking into account irrelevant...
March 2018
Contempt of court — committal for contempt — undertaking given by defendants against diminishing value of their shares in holding company — no breach of undertaking as defendants were ignorant of...
March 2018
Bankruptcy — bankrupt’s estate — whether property subject to living trust agreement and excluded from bankrupt’s estate — whether new evidence to be adduced on appeal — Bankruptcy Ordinance (Cap. 6)...
March 2018
Civil procedure — pleadings — further and better particulars — denial of negative allegation — whether amounted to mere traverse (in respect of which no particulars would be ordered) or pregnant...
March 2018
Company law — liquidators — ex parte application in writing for appointment — failure to disclose finding of contempt against one of three proposed liquidators — whether new insolvency practitioners...
March 2018
Meanings of "drive" and "use" an unlicensed vehicle - Road Traffic Ordinance The Defendant was charged with the offence of using an unlicensed vehicle contrary to ss. 52(1)(a) and 52(10)(a) of the...
February 2018
Civil evidence — expert evidence — change of expert — whether to grant permission to replace one expert with another — application of principles — securing payment of costs to be ordered in favour of...
February 2018
Intellectual property — trade marks — infringement — passing off — use of infringing marks by separate former offshoot of charity — similarity likely to confuse public, particularly donors and...
February 2018