Case Updates

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
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
Court of Appeal Upholds Insider Dealing and Fraud Decision in favour of SFC against Two Solicitors Case background On 9 November 2017, the Court of Appeal (‘CA’) dismissed the appeal by a...
February 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
Civil procedure — costs — appeal — substitution of appellant where wrongly named by solicitor — limits of solicitor’s warranty of authority — liability for costs — whether indemnity costs appropriate...
February 2018
Land law — resumption — compensation — Government lease — restriction of user to “dwelling house” prohibited shop use — acquiescence/abandonment of user covenant by Government — s. 12(b) did not bar...
February 2018
Civil procedure — discovery — legal professional privilege — joint privilege — documents sought subject to privilege jointly owned by any of plaintiffs and other lay clients of solicitors’ firm — no...
February 2018
T was a certified public accountant and a member of the Hong Kong Institute of Certified Public Accountants (the Institute). He was engaged by the Institute to act as a Workshop Facilitator and an...
January 2018
R1–4 admitted liability for criminal contempt of court. During the Occupy Movement, Rs participated in a protest and refused to leave despite repeated announcements by the police and bailiffs...
January 2018
X unsuccessfully applied for leave to apply for judicial review (the Application) of the decision of the Building Authority (the BA) (the Decision) refusing a company’s application to appoint him to...
January 2018
Having on legal advice abandoned his application for leave to appeal against sentence, D sought, in reliance upon his assertion that he had subsequently given assistance which led to arrests abroad,...
January 2018
A contributory of C, a company in liquidation, sought a stay of the winding-up and the discharge of the Official Receiver as provisional liquidator on the ground that its principal asset held by a...
January 2018
L owned a market in premises (the Premises) in a retail and car park development (the Building). L leased the Premises together with the use of common areas to T under a tenancy agreement (the...
January 2018
D pleaded not guilty to common assault and was acquitted by the Magistrate. D, a District Councillor, was refused access to the District Council office to continue a sit-in protest and attempted to...
January 2018
Conspiracy to deal with property known or believed to represent proceeds of indictable offence – mens rea – although judge erred as to mental element of offence, he had, by correct route, found...
December 2017
Costs – striking-out application – admiralty actions – whether actions sustainable – whether striking-out applications properly brought such that defendant should be awarded costs of such...
December 2017