Case Updates

Action for account – six-year limitation period under s. 4(2) – claim based on fiduciary duty of company director/de facto director to account to company for monies – claim for equitable relief...
June 2017
Multiple offences – totality – final stage of process by which court determined appropriate totality of sentence D (who was in his mid-50s, had lived in Hong Kong since the age of eight and was...
June 2017
Administration of estates – grant of letters of administration – revocation – removal of existing administrators – furnishing of accounts by them – fresh grant to professional administrator X died...
June 2017
Marriage – validity – alleged marriage ceremony during dinner in PRC in 1949 – period between abrogation of Civil Code and before PRC Marriage Law came into effect in 1950 – whether formal validity...
June 2017
Title/sale of land – assignment – application for order for execution of confirmatory assignment to rectify error – defendant dissolved long before proceedings commenced – proceedings not properly...
June 2017
Injunctions – extended Mareva injunction based on “Chabra” jurisdiction – defendant’s substantive control over assets held by third party not sufficient to invoke “Chabra” jurisdiction...
June 2017
Employees’ compensation – insurer’s and employer’s liability under Pt. IV of Employees’ Compensation Ordinance (Cap. 282) – approach in Law Lai Ha v Zurich Insurance Co [2011] 2 HKLRD 450 correct —...
May 2017
Judicial review – costs – successful application for judicial review against President of Legislative Council by Chief Executive and Secretary for Justice – whether President not to bear costs on...
May 2017
Tenancy agreement – parties signed agreement and then another agreement at higher rent – whether first or second agreement prevailed – effect of non-stamping of first agreement – both agreements...
May 2017
De facto director – breach of fiduciary duty – defendant involved in plaintiff-company’s affairs and had control over its bank account – unauthorised incorporation of company in Hong Kong using...
May 2017
Will – validity – whether will to take effect on satisfaction of condition – no express condition in will – whether valid as conditional will – whether requisite testamentary intent for will to have...
May 2017
Trial – summing-up – whether trial judge inaccurately portrayed defence case and used denigratory and dismissive language – whether summing-up unbalanced and unfair D was convicted of trafficking...
May 2017
Manslaughter – aggravating factors – use of stupefying substance – planning and premeditation – sustained and violent manner of overcoming victim’s resistance – care to be taken not to give duress...
April 2017
Parties – joinder – judicial review of decision of Securities and Futures Commission to transmit compelled answers, testimony and documents to foreign regulators – whether leave to be granted for...
April 2017
Ambit of defence counsel’s power to conduct trial in best interests of client – decisions to not apply for severance and to rely on exhibit – client’s informed consent – irrespective of such consent...
April 2017
Director of Immigration – Hong Kong Special Administrative Region Passports Appeal Board – decisions refusing application for Hong Kong Special Administrative Region passport on basis applicant not...
April 2017
Prosecution’s duty of disclosure – non-disclosure of police notebooks – potentially relevant and disclosable – non-disclosure rendered conviction unsafe D was convicted of assaulting a police...
April 2017
Costs – action commenced without authority but subsequently ratified – relation back of ratification as equivalent to antecedent authority – pre-ratification costs and post-ratification costs –...
April 2017
Admissions – equivocal or ambiguous statements The Appellant was directed to go through a customs inspection when she arrived at Hong Kong International Airport from Kuala Lumpur in 2012. ...
March 2017
Illegality – illegal agreement to develop houses under Small House Policy – whether doctrine of locus poenitentiae applied – claim for return of land would fail where legal title to property no...
March 2017