Case Updates

The Court of First Instance overturned the decision made by the Labour Tribunal relating to how to interpret the terms of an employment contract and liability to make a payment in lieu of notice when...
February 2020
A barrister and a firm of solicitors were initially retained on a private basis for an Applicant in his appeal against his indecent assault conviction in the High Court. One of the grounds of appeal...
January 2020
Administrative law — Appeals Tribunal of Hong Kong Federation of Insurers — Hong Kong Federation of Insurers Insurance Agents Registration Board — failure of administrative tribunal to seek proper...
January 2020
Civil procedure — costs — sanctioned offer or payment — approach to awarding of enhanced interest and indemnity costs when plaintiff did better than sanctioned offer By an order nisi it...
January 2020
Company law — scheme of arrangement — sanction by court — modifications to scheme and scheme document after distribution of scheme document, before and at scheme meeting — whether modifications...
January 2020
Civil procedure — security for costs — application for order against plaintiff under Companies Ordinance (Cap. 622) s. 905 — counterclaim by defendant — whether unjust to order security because claim...
December 2019
Criminal sentencing — cruelty to animals — sentencing principles — inappropriate to lay down sentencing tariffs or guidelines given existing statutory framework — deterrent sentence necessary —...
December 2019
Family law — children — relocation — appeal against order relocating children out of jurisdiction — judge correct in adopting approach in Payne v Payne — drastic change of circumstances since...
December 2019
Springboard Injunctions In this case, the High Court considered the scope of a springboard injunction application brought by McLarens Hong Kong Limited (“McLarens”). Material Facts McLarens...
December 2019
Wills, probate and succession — administration of estate — executor — removal — substitution of court-appointed administratrix — continued occupation of deceased’s properties by former executor —...
December 2019
Criminal law and procedure — without written authority of MTR Corporation, posting matters, namely stickers, in concourse of MTR station being railway premises — burden on defence to prove existence...
October 2019
Criminal sentencing — manslaughter — suicide pact — 20-year-old defendant and 16-year-old girlfriend — defendant survived but girlfriend drowned — culpability of defendant, taking into account his...
October 2019
Civil Procedure — stay of action in favour of arbitration — contractual interpretation — incorporation of arbitration clause P and John Dewey Group (“JD”) entered into a transfer agreement for the...
October 2019
Company law — voluntary winding-up — whether should be converted to compulsory winding-up — if majority of creditors preferred voluntary liquidation, petitioner would have to show valid reason An...
October 2019
Criminal law and procedure — trial — entitlement to interpretation facilities — component of right to fair trial — inadequacy of interpretation resulting in denial of fair trial D was convicted of...
September 2019
Human rights — equality before the law — sexual offences involving male homosexual conduct — Crimes Ordinance (Cap. 200) ss. 118G, 118H, 118J(1) and 118K unconstitutional as discriminatory against...
September 2019
Employment law — termination of employment — wrongful termination —appeal against findings in favour of employer on “valid reason” implied term — allowed, with case remitted for consideration of such...
September 2019
Bankruptcy – setting aside a statutory demand – misrepresentation – dispute covered by an arbitration clause – whether a statutory demand should be set aside because of an arbitration agreement – the...
September 2019
Civil procedure — application to appellate court for leave to amend pleadings after judgment given against applicants at first instance — proposed amendments raised new case and entailed withdrawal...
September 2019
Civil procedure — default judgment for vacant possession to be set aside —whether decision that defence of adverse possession had no real prospect of success plainly wrong On 13 November 2015, P...
August 2019