Case Updates

Co-ownership – partition – application for order for sale of land under s. 6 – “very great hardship” shown X was adjudicated bankrupt. Together with her father, Y, they held property as joint...
January 2017
Liquidation – foreign company – order could be made for oral examination of officer of foreign company or other persons of information which foreign liquidator required C, a Cayman Islands company...
January 2017
Proceedings by bankrupt – claim by bankrupt to right to occupy property base on constructive trust – whether right personal or whether vested in trustees under s. 58(1) X, the deceased, bequeathed...
January 2017
Evidence of uncharged acts – should not be admitted unless jury would have incomplete or incomprehensible account of events without such evidence – if nevertheless admitted, jury should be directed...
January 2017
Appeals – findings of fact – trial judge misdirected himself as to effect of certain evidence to support his conclusion – Court of Appeal justified in interfering with judge’s findings of primary...
January 2017
Trial – directions to jury – misdirections as to drawing of inferences and approach to prosecution witnesses – prejudicial effect capable of being redressed – stay of prosecution rightly refused –...
January 2017
Compulsory winding-up – disposition of property after winding-up commenced – validation order – solvent company – petition based on unfair prejudice – validation order agreed between company and...
January 2017
Dangerous drugs – trafficking – 933 grams of cocaine – international element – account taken of defendant’s participation in controlled delivery operation – failure to indicate by how much starting...
December 2016
Termination – notice period – exclusivity agreement for negotiations with liquidators to restructure company – whether notice by liquidators terminating agreement satisfied time requirement – whether...
December 2016
Summary order for account – order under O.43 r.1 sought for true and proper account for income and expenditure of t’ong – O. 43 r. 1 not appropriate for seeking specific discovery, answers to...
December 2016
Discount and mitigation – drug trafficking – post-sentence events – recognition should be given to prisoner for participation in campaign to warn Africans about dangers of drug trafficking in Hong...
December 2016
Writ – service – leave to serve writ out of jurisdiction – setting aside – whether contract between plaintiff and second defendant within O. 11 r. 1(1)(d)(iii) and (iv) – whether Recorder’s approach...
December 2016
Expert evidence – disqualification proceedings against company directors under s. 214(2)(d) – leave to file and serve expert evidence on PRC law – proceedings subject to Practice Direction 5.2 –...
December 2016
Compulsory winding-up – petition – application to amend petition by substituting original debt for post-petition debt – jurisdiction to do so – test less stringent than that for plaintiff seeking...
December 2016
Extension of time for appeals – applications for leave to appeal against trial court’s refusal of extension of time to appeal from its decision and renewal application before Court of Appeal for...
December 2016
Rape – restrictions on cross-examination under s. 154 – whether unfair to defendant for trial judge to have refused leave to adduce evidence of, and ask questions about complainant’s sexual...
November 2016
Appeals – findings of fact – trial judge misdirected himself as to effect of certain evidence to support his conclusion – judgment set aside – retrial of action This litigation concerned the...
November 2016
Court of Appeal – appeal – respondent’s notice – extension of time to serve notice outside O. 59, r. 6(3) time limit – question of whether Hong Kong courts should adopt approach in English...
November 2016
Civil contempt – committal proceedings for breach of court undertaking – construction of undertakings by defendant – would not be enforced by committal unless clear and unambiguous language – penal...
November 2016
Commissioner of Correctional Services – decision dismissing applicant without retirement benefits following disciplinary proceedings – whether erred in treating previous cases of disciplinary...
November 2016