March 2026: Essential Hong Kong Case Updates

Unless order — Payment into court — Judgment entered in default of compliance — Whether leave to appeal required — Whether unless order justified — Whether court should instead to address breach by contempt of court — Rules of the High Court (Cap 4A) O 59 r 21(1)(a)

Pleadings — Statement of claim — Striking out — Abuse of process — Maintaining two actions on same subject matter and making same claim against identical party

Discovery — Specific discovery — Discovery before pleadings — Audit working papers — Allegations of audit negligence — Plaintiff unable to plead case properly without discovery — Pre-pleading discovery to be ordered exceptionally in the interest of justice — Rules of the High Court (Cap 4A) O 24 rr 7, 10, 11A

Summary judgment — Mareva injunction — Enforcement of Mainland judgment under common law — Civil Mediation Certificate — Enforcement rulings — Mainland judgment could no longer be registered after the expiry of time limit under Mainland Judgments (Reciprocal Enforcement) Ordinance — Whether material non-disclosure — Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) ss 3(2), 5(2), 22(2)

Personal injuries action — Sanctioned offer by plaintiff accepted — Defendant attached new conditions in draft consent summons and asked plaintiff to agree additional terms — Defendant indicated acceptance of offer not conditional on plaintiff accepting additional terms — Action stayed and settlement sum ordered at checklist hearing — Plaintiff appealing to set aside defendant’s notice of acceptance for material irregularity — Leave to adduce two affirmations setting out background to offer at appeal — Whether conditions of Ladd v Marshall rule met — Rules of the District Court (Cap 336H) O 22 r 16(1); O 58 r 1

Criminal Law — Conspiracy to defraud — Small House Policy — Free building licence — Concealing fact that there was arrangement to dispose of or otherwise deal with land — False representation that applicant was owner of relevant land — Flagrant incompetence of counsel — Conflict of interest amongst defendants represented — Whether permissible to challenge charges and convictions on ground of constitutionality — Dishonesty — Non-disclosure — Abuse of process

Administrative Law — Judicial review — Torture claims appeal board — Leave to apply for judicial review — Applicant made non-refoulement claim on ground that she was lesbian — Failed to give applicant chance to respond to adverse findings — Findings not based on evidence — Internal flight assessment flawed — Board applied subjective common sense — Assessment of lack of future risk based on its finding applicant would not seek lesbian activity

Wills, Probate, Administration and Succession — Administration of deceased’s estate — Distribution of assets — Whether alleged dispute arguable — Rules of the High Court (Cap 4A) O 43

Bankruptcy — Statutory demand — Application to amend — Whether underlying claim based on unjust enrichment — Whether sum under statutory demand be regarded as liquidated sum — Whether application to amend procedurally wrong — Bankruptcy Rules (Cap 6A) r 47