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Citation
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Judgment date
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| June 2020 |
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Criminal law
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5 June 2020 |
| May 2020 |
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Claim against a third‑party beneficiary struck out: privity and lack of pleaded liability mean no cause of action.
Contract law – privity and third-party beneficiaries – party to contract v. beneficiary; Civil procedure – strike out under Order 18 r 19(1) for disclosing no reasonable cause of action, frivolous or vexatious pleadings; Evidential limits – extrinsic affidavit evidence cannot cure pleading defects on strike-out; Entire agreement clause bars reliance on extrinsic matters; Abuse of process.
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22 May 2020 |
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Defendant sentenced to life with a 30-year tariff (less 628 days remand credit) under POPAO for firearm murder.
Criminal law – Murder – Sentencing under Parole of Prisoners (Amendment) Ordinance 2020 – Court must specify tariff before parole; starting point 30 years for murder unless "exceptional" circumstances; aggravating features (firearm, multiple shots, premeditation, public setting, group involvement); full credit for time on remand (628 days).
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20 May 2020 |
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Applicants awarded costs on standard basis after variation of restraint order; indemnity costs refused despite respondent’s procedural failings.
Proceeds of Crime Ordinance – restraint orders – variation to allow living and business expenses – costs: ordinary rule that costs follow the event; POCO ss.55,100,114 inapplicable to costs awards – indemnity costs require unreasonable conduct; late service and affidavits criticised but insufficient for indemnity.
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19 May 2020 |
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Banking
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12 May 2020 |
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1 May 2020 |
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Defendant proved boat-rental set-off; business-licence and work-permit claims failed; net judgment and interest reformulated.
Counterclaim – set-off – loans consolidated; Boat hire – oral agreement, proved on balance of probabilities; Business licence – documentary evidence negates alleged licence arrangement; Work permit – no binding agreement or demonstrated acceptance/reliance; Registrar’s interest calculation set aside and replaced with court-ordered net sum with 6% interest.
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1 May 2020 |
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No binding 2008 lease was formed; 2012 lease valid and claim of economic duress dismissed.
Contract formation – necessity of agreement on essential terms and requirement of executed, vetted government lease before binding
Evidence – objective assessment of communications and conduct for intention to create legal relations
Tenancy – possession and rent where no concluded lease creates periodic tenancy. Economic duress – illegitimate pressure, practicable alternatives and bona fides; mere fiscal pressure not actionable. Intimidation and mistake – not established on the facts
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1 May 2020 |
| March 2020 |
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31 March 2020 |
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31 March 2020 |
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Costs
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20 March 2020 |
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Civil Procedure
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10 March 2020 |
| February 2020 |
|
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Criminal law
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20 February 2020 |
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Constitutional Interpretation
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7 February 2020 |
| January 2020 |
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Costs
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15 January 2020 |
| December 2019 |
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Civil Procedure
|
16 December 2019 |
| November 2019 |
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28 November 2019 |
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Banking
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26 November 2019 |
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Foreign liquidators recognised by this Court are not subject to domestic insolvency practitioner licensing; removal of one did not terminate recognition.
Insolvency — Recognition of foreign insolvency office‑holders — Whether foreign joint official liquidators recognised by domestic court are "insolvency practitioners" under local Insolvency Ordinance licensing regime — Modified universalism and comity — Effect of removal of one joint appointee by appointing foreign court on domestic recognition.
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26 November 2019 |
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5 November 2019 |
| October 2019 |
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25 October 2019 |
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Civil Remedies
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18 October 2019 |
| August 2019 |
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30 August 2019 |
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Criminal law
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30 August 2019 |
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Criminal law
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16 August 2019 |
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Civil Procedure
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14 August 2019 |
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A no-case finding where identification and GSR evidence failed to prove intent to kill beyond reasonable doubt.
Criminal law – Murder – specific intent to kill; No case to answer – application of R v Galbraith; Identification evidence – recognition and its limits; Forensic evidence – GSR inconclusive and insufficient to link accused to firing a weapon; Circumstantial evidence insufficient to ground conviction.
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7 August 2019 |
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Uttering forged documents by an Immigration employee constituted aggravated breach of trust; limited confiscation ordered and two-year custody imposed.
Criminal law – Uttering forged documents – breach of trust by public servant – multi-victim fraud against vulnerable migrants
Confiscation – Proceeds of Crime Ordinance – realizable sum confiscated where only limited funds recoverable
Sentencing – custody threshold crossed; limited weight to mitigation where offending was prolonged, planned and exploitative
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6 August 2019 |
| July 2019 |
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31 July 2019 |
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Criminal law
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7 July 2019 |
| June 2019 |
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Costs
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21 June 2019 |
| May 2019 |
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Civil Remedies
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10 May 2019 |
| April 2019 |
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Bail pending appeal refused: procedural defect in DNA sampling and trial counsel omissions do not show strong chance of success.
Criminal law – bail pending appeal – ineffective assistance of counsel – challenge to DNA evidence obtained after arrest – written consent procedural irregularity does not automatically render DNA evidence inadmissible under local statute; new medical evidence of scar’s cause may be insufficiently probative to undermine DNA-based conviction.
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29 April 2019 |
| March 2019 |
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Court discharged charging order where default-judgment creditor knew company could not defend, risking prejudice to shareholder-creditor.
Company law – enforcement of judgment against company asset by charging order – discretion to make charging order absolute – consideration of prejudice to other creditors – effect of shareholders’ agreement preventing company from instructing solicitors – disputed debt and competing valuations – just and equitable winding up as alternative remedy.
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7 March 2019 |
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7 March 2019 |
| February 2019 |
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Criminal law
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25 February 2019 |
| January 2019 |
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25 January 2019 |
| December 2018 |
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Minister’s 2008 letter created an equitable sale; 2015 lease set aside and freehold ordered transferable for US$3,450 upon payment.
Crown land – Conditional Purchase Lease – Minister’s letter approving freehold transfer – Variation/waiver binding in equity where promise is clear and payment tendered; equitable contract for sale conferring beneficial interest; attempted tender and Treasury refusal; common mistake and economic duress – May 2015 CPL set aside; declaration for transfer upon payment of US$3,450; offset of post-March 2009 payments.
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19 December 2018 |
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12 December 2018 |
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By-laws require EC approval for short-term holiday lettings; approval requirement valid, lump-sum legal-cost levy invalid.
Strata law – By-law construction – Short-term holiday lettings characterised as commercial use requiring EC approval; regulation of short-term rentals not a prohibited restriction under STO s20(4). By-laws – No implied term that EC approval not be unreasonably withheld absent clear wording and statutory framework
Enforcement – Fines must reflect actual days of unlawful occupation; lump-sum legal-cost levy beyond by-law powers invalid
Restitution – Unjust enrichment, mesne profits, quantum meruit, account of profits and Wrotham Park damages not available on the facts
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7 December 2018 |
| November 2018 |
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Costs awarded to Crown; 6% compounded interest from 1 March 2007 on US$657,500 equitable compensation.
• Equity – Knowing receipt of Crown land – equitable compensation awarded for unauthorised disposal of trust assets. • Costs – Costs follow the event; discretion to depart considered (Ritter v Godfrey; Capron v TCIG; In re Elgindata). • Interest – Judgment rate of 6% per annum, compounded annually, awarded from date of knowing receipt (1 March 2007) on the full compensatory sum.
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6 November 2018 |
| October 2018 |
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Civil Remedies
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19 October 2018 |
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Criminal law
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16 October 2018 |
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Civil Procedure
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12 October 2018 |
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Freight forwarder liable only for amounts due; alleged expedited‑clearance promise and duty set‑off dismissed; indemnity costs awarded.
Contract / Maritime forwarding – claim for unpaid forwarding and clearing charges; defendant paid carrier directly so freight element abandoned by plaintiff. Set‑off – alleged overpayment of customs duty due to duplicate invoice – customer responsible for providing accurate information; set‑off dismissed. Contract formation / terms – alleged oral promise to expedite clearance (48–72 hours) — no binding guarantee found; delays due to respondent's late payment and Customs inspection beyond forwarder's control. Remoteness of damage – claimed consequential losses (airfares, labour, lost income) held too remote and not recoverable
Costs – counterclaim found insincere; indemnity costs awarded for counterclaim
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3 October 2018 |
| September 2018 |
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5 September 2018 |
| August 2018 |
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Attorney General may be sued for the Registrar; rectification under RLO s.140(1) denied absent fraud or mistake and applicant lacked standing.
Constitutional law – Crown Proceedings Ordinance s.13(1) – Attorney General may be sued in representative capacity for Crown officers; not repugnant to Constitution
Registered Land – Rectification of Register s.140(1) RLO – requires fraud or mistake; mere adjudication to Crown and existing restriction insufficient
Land Adjudication – finality where interested party fails to obtain Letters of Administration or to appeal adjudicator's decision. Title restrictions – preserve putative claims/right to be allowed by Crown but do not themselves create proprietary title
Standing – only personal representative of deceased estate may bring claim to rectify title on estate's behalf
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31 August 2018 |
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Application to vacate a clear, signed guilty plea dismissed; sentence concerns and counsel's advice do not prove involuntariness.
Criminal procedure – application to withdraw plea – whether plea equivocal or involuntary – appreciation of elements of offence – concern over sentence not equivalent to duress – onus on applicant to show justice requires vacating plea.
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2 August 2018 |
| July 2018 |
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Civil Remedies
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27 July 2018 |
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Leave granted to review power company's ongoing refusals to supply electricity, considering statutory duty under section 11 and public interest.
Administrative law — Judicial review — Leave to apply — Time limits and extension of time under Order 53 r4(1) — Electricity Ordinance s11 — Supplier’s statutory duty to supply electricity versus right to refuse — Interim relief to process and supply applications — Public interest in scope of statutory duty.
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19 July 2018 |