Yip Kee Wai v So Kim Wah (unrep., HCA 1504/2009, [2010] HKEC 1592)

This is another decision of Mr. Registrar Lung reminding practitioners on the importance of the Timetabling Questionnaire and the Listing Questionnaire under O.25 of the Rules of High Court (Cap.4A, Sub.Leg.) and Practice Direction 5.2.

In the present case, the parties filed and served a Timetabling Questionnaire for the Case Management Summons hearing and a Listing Questionnaire, purportedly in compliance with O.25 r.1 and Practice Direction 5.2.

Mr. Registrar Lung held that the parties’ solicitors had not, in substance, observed O.25 r.1 and Practice Direction 5.2. He adjourned the Case Management Summons hearing to another date, and disallowed the costs between the parties and their respective clients.

Hong Kong Dispute Resolution Bulletin: For full analysis of this case subscribe to the Sweet & Maxwell HKDRB, produced in association with Clifford Chance.

This article is available in [2010] 14 HKDRB.

Faith Bright Development Ltd v Ng Kwok Kuen (unrep., HCA 9058/1999, [2010] HKEC 1594)

In this case, the parties failed to file and serve a Timetabling Questionnaire in accordance with O.25 r.1(1) of the Rules of High Court (Cap.4A, Sub.Leg.) and Practice Direction 5.2, and a mediation certificate in accordance with paragraph 8 of Practice Direction 31.

Mr. Registrar Lung adjourned the Case Management Summons hearing to another date and disallowed all costs between the parties and their respective clients.

In his judgment, Mr. Registrar Lung commented on the current approach of the court in the Case Management Summons hearing.

Hong Kong Dispute Resolution Bulletin: For full analysis of this case subscribe to the Sweet & Maxwell HKDRB, produced in association with Clifford Chance.

This article is available in [2010] 14 HKDRB.