|
Citation
|
Judgment date
|
| July 2024 |
|
|
Application to re-amend claim refused for delay and immaterial, inadequately particularised misrepresentation allegations; costs ordered against plaintiffs.
Strata/Amendment—Leave to amend pleadings; materiality and useless amendments; relation-back and limitation; delay and prejudice; need for particularity in pleading misrepresentation; standing of tenant/third-party to sue proprietor.
|
5 July 2024 |
|
Commission usurped Governor’s role, gave inadequate reasons, and acted unfairly; decisions quashed and applications remitted.
• Administrative law – limits of delegated decision‑making: Commission exceeded its role by applying Governor‑reserved criteria without prescribed evaluation guidelines. • Procedural fairness – applicants entitled to adequate reasons and opportunity to address material considerations. • Reasons – mere citation of statutory subsections insufficient under constitutional duty to give reasons. • Bias – apparent bias found where public statements by commission members created a real possibility of prejudice. • Remedy – certiorari and mandamus: quash decisions and remit applications for fresh consideration.
|
5 July 2024 |
|
Non-resident plaintiff must provide security for costs after failing to disclose assets; strike-out refused as factual issues require trial.
Civil procedure — Order 14A (strike-out) — factual disputes (mitigation/repudiation) preclude disposal on point of law; Security for costs — non-resident plaintiff; discretion under Order 23 r.1(1)(a); failure to disclose assets in jurisdiction; quantum of security fixed at $10,000.
|
2 July 2024 |
|
Court found exceptional circumstances and reduced mandatory twelve‑year minimum to five years four months with time served credit.
* Firearms Ordinance s.3 and s.30 – mandatory minimum imprisonment for unlawful possession of ammunition; exceptional circumstances exception and its scope
* Sentencing – proportionality and holistic assessment to determine whether mandatory minimum is arbitrary or disproportionate
* Plea mitigation – availability of plea discount where court finds exceptional circumstances and departs from mandatory minimum
* Sentencing methodology – starting point, offender adjustments, plea discount, and credit for time served
|
1 July 2024 |
| June 2024 |
|
|
The court struck out most claims against the respondent (4th defendant); only the claim about uninitialled transfer registration survives.
Civil procedure – Order 18 r.19 strike-out – reasonable cause of action; Pleading requirements – fraud and misrepresentation must be pleaded with particularity; Professional liability – preparation/registration of transfer documents; Aiding and abetting – lack of clear pleaded civil cause; Prejudice – weight against striking out.
|
25 June 2024 |
|
Applicants failed to establish backdating or impropriety in a judge’s appointment or case listing; leave refused.
Judicial review — leave threshold; alleged backdating of judicial appointment; administrative listing of cases; Wednesbury irrationality; procedural impropriety; necessity of strong evidence for serious allegations.
|
24 June 2024 |
|
Court set aside statutory demand as abuse; winding‑up grounds based on disputed, time‑barred fee claim dismissed; administrator application may proceed.
Insolvency — Statutory demand — Whether debt is liquidated or genuinely disputed — Abuse of process — Winding‑up petition grounds dependent on disputed fee claim struck out — Appointment of administrator as distinct remedy permitted to proceed — Limitation/ statute‑bar as defence.
|
14 June 2024 |
|
Judicial review dismissed: applicant failed to show legal error in outline planning permission and parcel consolidation.
Planning law – outline development permission; procedural fairness and consideration of objections; Development Manual v Building Code on storey/height definitions; basement not counted as a storey for planning purposes; ODP conditions (EIA, carrying‑capacity, Crown lease) can be imposed prior to Detailed Planning Permission; consolidation of non‑contiguous parcels accepted administrative practice; judicial review requires demonstrated jurisdictional error, procedural irregularity or Wednesbury unreasonableness.
|
7 June 2024 |
| May 2024 |
|
|
Whether exceptional circumstances justified disapplying a 12‑year mandatory minimum for possession of two rounds of ammunition.
* Firearms law – mandatory minimum sentence – disapplication where exceptional circumstances exist – guilty plea and assistance excluded as exceptional – proportionality and individualized sentencing.
|
28 May 2024 |
|
A wrongful caution attracts damages to restore lost sale and investment opportunity; 6% interest awarded; costs to be taxed via bill of costs.
* Registered Land Ordinance s.131 – liability for lodging or maintaining a caution wrongfully and without reasonable cause – damages to restore aggrieved party to position but for caution.
* Measure of damages – lost opportunity to sell and invest proceeds – foreseeability and non-speculative assessment required.
* Interest rate for lost investment – 6% per annum found reasonable where evidence showed likely investment in higher-yield fund (Meridian).
* Costs of proceedings to remove caution – to be pursued and taxed via bill of costs, not quantified at damages assessment.
|
24 May 2024 |
|
Leave granted to challenge the Commissioner for apparent bias arising from commercial renewable‑energy interests and unclear integrity advice.
Judicial review — leave — low threshold for arguable ground; Apparent bias — Porter v Magill test applied to public officeholder with commercial interests; Conflict of interest — effect of Integrity Commission advice and cross‑jurisdictional business activities; Mandamus — duty of Deputy Governor to consider continued appointment.
|
24 May 2024 |
|
Court found exceptional circumstances to avoid the statutory 12-year minimum; imposed suspended 52-week term and $6,700 fine.
* Firearms Ordinance (s3, s30) – mandatory minimum sentence – whether constitutionally challengeable at sentencing; jurisdiction under constitutional enforcement provisions. * Sentencing – "exceptional circumstances" test (Rehman/Redfern as approved in AG’s Reference) – holistic assessment; when mandatory minimum would be arbitrary and disproportionate. * Sentencing outcome – custodial sentence suspended and monetary fine where exceptional circumstances found.
|
24 May 2024 |
|
Counsel’s overseas travel to obtain signatures on pre-prepared witness statements was an unnecessary luxury and disallowed on taxation.
Costs — Taxation — Overseas travel of counsel to obtain signatures on pre-prepared witness statements — Recoverability — Luxury vs necessary expense — Indemnity principle — Reasonableness and proportionality — Availability of remote alternatives.
|
24 May 2024 |
|
Court permitted the applicant to amend to sue the Attorney General for alleged negligent delay in entering a nolle prosequi.
Administrative law; civil liability of prosecutors – nolle prosequi and requirement to announce discontinuance in open court (s.70 CPO); amendment of pleadings (Order 20 r.5(1)); strike-out jurisdiction (Order 18 r.19(1)) – frivolous, vexatious or abuse of process; negligence claim against DPP and duty of care; distinction between false imprisonment and loss of liberty remedies.
|
21 May 2024 |
|
Court clarifies civil appeal procedure from Magistrate and overturns rent judgment after preferring appellant’s evidence.
Civil appeals – Magistrate’s Court Ordinance s.154 – service of Notice of Appeal within five days – recognisance – originating motion under Civil Procedure Rules Order 55; Appeals — rehearing and power to receive further evidence; Evidence — onus probandi in rent claims; Hearsay — weight of receipts prepared by third parties and failure to produce bank statements.
|
7 May 2024 |
|
Applicant entitled to repair costs and limited loss-of-use damages; replacement cost and insurance premiums disallowed.
Contract — Breach of repair contract; measure of damages for damaged chattel — cost of repair (cost of cure) v replacement/diminution in value; loss of use and consequential damages; mitigation of loss; remoteness of insurance premium claims; irretrievable deprivation/total loss.
|
3 May 2024 |
| April 2024 |
|
|
Special measures for a vulnerable witness and the magistrate’s factual findings were lawful; convictions upheld on appeal.
Vulnerable Witnesses Ordinance – special measures for witnesses fearing harm; remote evidence by video link; fairness and safeguards for cross‑examination; appellate restraint on interfering with trial findings and inferences; sufficiency of evidence and no‑case submissions.
|
30 April 2024 |
|
The Labour Tribunal is functus officio after issuing an award; enforcement lies with the award beneficiary, not the Tribunal.
* Labour law – Enforcement of Labour Tribunal awards – Whether the Tribunal may enforce its own awards or require payment into its office – Tribunal held functus officio once decision delivered; enforcement lies with the award beneficiary.
* Civil procedure – Enforcement mechanisms – Tribunal awards enforceable "as though" Supreme Court orders under s.93(5) and recoverable as civil debts under s.100(2), but require proper enforcement proceedings.
* Procedural lacuna – Lack of clear jurisdiction for stays pending appeal; call for legislative reform.
|
10 April 2024 |
|
Plaintiffs partially succeeded constitutionally; defendants ordered to pay 50% of costs; both parties granted leave to appeal.
Costs — party and party costs; partial success on constitutional claims — reduction of costs; costs follow the event unless justice requires otherwise; weight of conduct (excessive authorities, non-compliant skeletons) in assessing costs; pre-action correspondence and its limited effect; leave to appeal costs decision.
|
8 April 2024 |
| March 2024 |
|
|
Order to hear related actions together was not consolidation; severance application dismissed; directions hearing ordered.
Civil procedure – Order 4 R.9 – distinction between consolidation and directing matters to be tried at the same time; Order 15 R.5 inapplicable where no joinder; variation of interlocutory orders limited to manner not substance; inherent jurisdiction to list directions hearing.
|
25 March 2024 |
|
Immediate deregistration without prior hearing was procedurally unfair and disproportionate; removal directive to licensee was upheld.
Administrative law — Judicial review of regulatory enforcement — exercise of emergency cancellation power under s.167(3) POCO — natural justice and audi alteram partem — proportionality and Wednesbury unreasonableness — ex post facto justifications and cross-examination of decision-maker.
|
22 March 2024 |
|
|
12 March 2024 |
| February 2024 |
|
|
Sentencing for revenge-motivated arson; significant custodial sentence for premeditated domestic arson with victim psychological harm.
Criminal law – Arson (setting fire to dwelling with persons therein) – sentencing: assessment of culpability and harm in domestic/revenge context; general deterrence; victim psychological harm admissible via VPS; avoidance of double counting where presence of persons is elemental; remand credit.
|
27 February 2024 |
|
Freezing injunction refused for inadequate disclosure, insufficient evidence of assets and no demonstrated risk of dissipation.
Freezing injunction (Mareva) — requirements: justiciable claim, good arguable case, assets in jurisdiction, real risk of dissipation; duty of full and frank disclosure; necessity to identify specific assets/accounts; particularity of fraud allegations; corporate identity issues and improper purpose (security).
|
13 February 2024 |
|
Court granted leave to present an early divorce petition, finding exceptional hardship though no exceptional depravity.
* Family law – Divorce within specified period – Section 7(2) MCO – Exceptional hardship and exceptional depravity – provisional assessment on affidavit evidence and value judgment.
* Evidence – Full and detailed affidavit material (including medical/counselling reports) required to show exceptional hardship.
* Considerations – social stigma, mental health, absence of cohabitation, and lack of prospect of reconciliation relevant to exceptional hardship assessment.
|
6 February 2024 |
|
Section 108 bars compelling police to disclose the source of information for a search; the defendant's disclosure order was refused.
* Criminal procedure – disclosure – whether prosecution must disclose source of information leading to search authority; interplay with statutory protection for police sources (s.108 Evidence Ordinance).
* Evidence – section 108 Evidence Ordinance – statutory bar on compelling police to disclose whence they obtained information about offences.
* Public interest immunity – R v H principles and procedures considered but not invoked where statute bars compulsion.
* Fair trial – missing or unavailable extraneous material does not automatically render trial unfair; central issue is possession and credibility.
|
5 February 2024 |
|
Court struck out homeowners’ association and landowner claims as abusive; ordered fuller particulars on rip currents, meteorology, and sandbar risks.
• Civil procedure – Order 18 r.19 – striking out pleadings for disclosing no reasonable cause of action or as abuse of process. • Fatal accidents – scope of liability of homeowners’ association and landowner for drowning adjacent to hotel property. • Particulars – need to particularise alleged meteorological conditions, rip/dangerous currents (distinct from tidal currents) and sandbar/geological risks; expert evidence must address pleaded particulars. • Exercise of discretion under Order 2 to permit late procedural application.
|
2 February 2024 |
| January 2024 |
|
|
Application to dismiss for want of prosecution refused; no contumelious default or proven prejudice, matter ordered for urgent directions.
RSC Order 25 – dismissal for want of prosecution – requirements for contumelious default or inordinate/inexcusable delay; prejudice and risk to fair trial; consent directions and shared culpability for delay; extension of time to file pleadings; discharge of interlocutory injunction not justified absent proven prejudice.
|
19 January 2024 |
|
Plaintiff not entitled to replacement cost; nominal damages awarded for delay and failure to mitigate.
Contract and tort — assessment of damages for defective repairs; measure of damages (replacement cost vs cost of cure/diminution in value vs nominal damages); duty to mitigate; proof of special damages; refusal of stay pending related claim.
|
19 January 2024 |
|
Judge refused to hear a no‑case submission without first putting the defendant to his election to call evidence.
* Civil procedure – no‑case to answer submissions – non‑jury trials – judge should rarely entertain such submissions without putting defendant to election. * Practice and authorities – Alexander v Rayson; Lawrie v Raglan; Benham; Neina Graham; White Book; Phipson. * Evidence (Special Provisions) Ordinance – use of documentary notices does not ordinarily justify early no‑case ruling; section 16(4) admissibility noted.
|
17 January 2024 |
|
Delay alone does not compel bail; serious charges and risk of witness interference can justify continued remand.
Bail law – renewed bail application after earlier refusal – delay as potential change in circumstances – delay must be weighed against seriousness of offence, strength of evidence, risk of witness interference and public protection.
|
15 January 2024 |
|
Circumstantial evidence, including threats and a recorded admission, sufficed to convict the defendant of arson despite no fire report.
* Criminal law – Arson – Circumstantial evidence – motive, opportunity, conduct and admissions as cumulative strands to prove guilt beyond reasonable doubt. * Evidence – Admission against interest – recorded telephone conversation admissible and probative. * Evidence – Identification – reliability where witness familiar with accused and lighting adequate. * Procedure/evidence – absence of forensic fire investigation not necessarily fatal to circumstantial case if alternative hypotheses excluded.
|
9 January 2024 |
| December 2023 |
|
|
Whether accommodation tax applies to owner or complimentary occupiers and whether tax arises where no charge is payable.
Tax law – Accommodation tax (Hotel, Restaurant and Tourism (Taxation) Ordinance) – Interpretation of "guest" and the effect of amendment adding "for reward or not"; tax measured by charges "paid or payable" — complimentary or owner-occupiers captured as "guests" but no tax arises absent charges; administrative assessment powers (s.27) not decided though particular averaging methodology criticized.
|
21 December 2023 |
|
Mandatory seven-year minimum for unlawful firearm and ammunition possession upheld; personal mitigation not exceptional.
* Firearms Ordinance s.3(1) – mandatory minimum seven-year sentence for unlawful possession of firearm and ammunition – exceptional circumstances threshold. * Sentencing – personal mitigation (first offender, health, family) insufficient to disapply mandatory minimum absent truly exceptional circumstances. * Principle of deterrence and public interest in preventing firearms circulation. * Possession of small quantity of cannabis – personal use; reprimand and discharge.
|
18 December 2023 |
|
Leave refused: delay, non-justiciability of parliamentary acts and limited remedial powers outweigh arguable consultation concerns.
* Judicial review – standing – sufficient interest to challenge public consultations affecting major public policy impacting tourism economy.
* Administrative law – consultation – proper and meaningful consultation when voluntarily undertaken.
* Constitutional/Parliamentary law – non-justiciability of internal parliamentary proceedings and Speaker’s procedural decisions; availability of parliamentary remedies (Privileges Committee).
* Remedies – courts cannot quash primary legislation in ordinary judicial review; declaration may be available only via constitutional challenge.
* Procedural bars – inordinate delay and alternative remedy as discretionary bars to granting leave.
|
11 December 2023 |
|
Acquittal where complainant’s inconsistencies and neutral medical findings created reasonable doubt on alleged penetration.
Criminal law – Sexual Offences – Rape of child under 13 – sufficiency of evidence and credibility of child complainant – inconsistencies and neutral medical evidence – reasonable doubt – acquittal.
|
6 December 2023 |
|
Substituted email service allowed to enforce a US judgment claim; service out of jurisdiction refused for insufficient evidence.
• Civil procedure – enforcement of foreign judgment – US judgment not registrable under Overseas Judgments (Reciprocal Enforcement) Ordinance (reciprocity limited to UK).
• Service out of jurisdiction – Order 11 RSC – claimant must show good arguable case, applicable sub‑rule, and TCI is appropriate forum; strict evidential requirement under r.4.
• Substituted service – email permitted where personal service attempts failed and email is likely to bring documents to defendant’s attention; publication denied absent evidence.
• Procedure – use of ex parte summons for interlocutory applications in TCI is procedurally improper; applications should be by letter/notice with affidavit.
|
1 December 2023 |
|
Default judgment set aside where defendant showed triable issues on contract, enforceability of restraint clause, and credible excuse for delay.
* Civil procedure – Setting aside default judgment – Order 13 r 9 – discretionary exercise; merits/triable issues and explanation for default.
* Contract – oral versus written agreement – capacity to understand document signed in another language; unilateral variation of terms.
* Employment law – enforceability of restraint of trade/non-competition clause; alleged repudiatory breaches (wages, housing, airfare, safe system of work).
* Remedies – setting aside judgment where justice requires trial of contested factual and legal issues.
|
1 December 2023 |
| November 2023 |
|
|
The applicant’s illegal U‑turn caused the collision; the applicant wholly liable and the claim dismissed.
Road traffic collision — liability — illegal U‑turn v. rear‑end collision — assessment on balance of probabilities — weight of police report and photographic evidence — skid‑mark evidence unreliable — counterclaim succeeds; plaintiffs 100% liable.
|
23 November 2023 |
|
Section 3(1) carriage of firearms is strict liability; finding a working gun and rounds in defendant’s bag in his vehicle warranted conviction.
Firearms — Carrying firearm and ammunition — Section 3(1) Firearms Ordinance — strict/absolute liability — knowledge/assent not required; evidence — recovery from defendant’s fanny pack in vehicle; lack of DNA/fingerprint not determinative; credibility and inference of knowledge.
|
15 November 2023 |
|
Leave granted to judicially review Integrity Commission’s conflict finding and reassignment recommendation; stay ordered pending review.
Administrative law – judicial review – leave to apply – timeliness and arguable grounds; conflict of interest – correct test and management of conflict; procedural fairness and legitimate expectation; Integrity Commission Ordinance s.85 report requirements; power to stay implementation of administrative/executive decisions under Ord.53 r.3(10).
|
14 November 2023 |
| October 2023 |
|
|
Leave to amend granted despite late service; no disclosure breach or irremediable prejudice found.
Amendment of pleadings – late amendment and alleged concealment; disclosure obligations – public-domain documents and scope of compulsory disclosure; whether affidavit required to justify lateness; prejudice — irremediable prejudice vs. compensable prejudice by costs; leave to amend under Order 20 r.5.
|
31 October 2023 |
|
DPP may re‑indict after a nolle prosequi; reinstatement is not abuse absent unequivocal assurance and detrimental reliance.
Criminal law — Nolle prosequi — Effect of nolle prosequi under s.70 Criminal Procedure Ordinance — Interaction with s.100 Constitution — Implied power to re‑indict — Abuse of process — Test requires unequivocal assurance and detrimental reliance — Fair trial considerations and public interest in retrial.
|
16 October 2023 |
|
Short custodial sentence, voluminous record and lapse of legal aid constituted exceptional circumstances; bail pending appeal granted.
Criminal law – Bail pending appeal – Power of Chief Justice under s.14(1) Court of Appeal Ordinance – No presumption in favour of bail after conviction – Bail only in exceptional circumstances (prima facie success or risk sentence served before appeal) – Delay from voluminous record and lapse of legal aid may constitute exceptional circumstances.
|
16 October 2023 |
|
The first defendant received one year and the fourth defendant six months, with trial delay significantly mitigating sentences.
Criminal law – Sentencing – Applicability and weight of foreign sentencing guidelines (E&W, ECSC) – Common law bribery by public official – Money laundering under Proceeds of Crime Ordinance – Parity and proportionality in sentencing – Effect of unreasonable delay and breach of fair trial rights as mitigation – Custodial sentences imposed (1 year and 6 months).
|
12 October 2023 |
| September 2023 |
|
|
A speculative, late recusal application re‑litigating decided issues was dismissed as abuse of process and indemnity costs awarded.
* Judicial recusal – apparent bias test (Porter/Locabail) – speculative allegations insufficient for recusal.
* Judicial disclosure – Resolution Chemicals: disclosure required only where prima facie bias shown.
* Abuse of process / duplicative litigation – abuse where motion re‑litigates already decided issues and is strategically timed to delay.
* Costs – indemnity costs appropriate where claimant’s conduct is unreasonable and takes the case out of the norm.
|
28 September 2023 |
|
Court acquitted the conspiracy charges but convicted a minister of bribery and an attorney of money‑laundering.
Criminal law – Conspiracy to defraud – agreement, dishonesty and proprietary loss – circumstantial proof and ‘umbrella’ agreement required; Crown land allocations – corporate vehicles and ‘flipping’ lawful unless dishonesty proved; Bribery – payment timing/circumstances may establish corrupt inducement to influence official acts; Money‑laundering (POCO 1998) – attorney’s handling of funds, use of fictitious ledgers/off‑record accounts and objective reasonable‑suspicion test establish concealing/disguising proceeds.
|
25 September 2023 |
|
Court found exceptional circumstances and imposed eight months' imprisonment despite statutory twelve-year minimum.
* Firearms law – possession of ammunition – statutory mandatory minimum (12–15 years) – s.30 discretion for "exceptional circumstances".
* Pleas – requirement that a guilty plea be unambiguous and not amount to a substantive defence (Lewis).
* Sentencing – holistic assessment of offender and offence; mitigation (lawful acquisition, no criminal intent, cooperation, good character) v aggravation (negligence, failure to declare).
* Sentence at large where exceptional circumstances found – methodology for starting point, adjustments and plea discount.
|
18 September 2023 |
|
Solicitor’s failure to register a 2007 conveyance constituted professional negligence; plaintiff declared true proprietor and may apply for registration under s.121 RLO.
Conveyancing and professional negligence — failure to register purchased land; apparent fraudulent instruments lodged at Land Registry; entitlement to rectification and registration under s.121 Registered Land Ordinance; damages for solicitor’s negligence; Registrar’s role and restriction on title.
|
7 September 2023 |
|
Seller validly terminated an extended payment agreement; forfeiture clause enforceable and purchaser’s caution ordered removed.
Contract construction – extended payment agreement – whether approved plans/consents are ‘necessary to close’ – penalty doctrine v forfeiture: clause for retention of instalments is a forfeiture clause, not a penalty – relief from forfeiture requires fraud, sharp practice or unconscionability – registration and removal of caution under Registered Land Ordinance s.129(1).
|
7 September 2023 |