Chap 4 commencement of proceedings

Question 1

COMMENCING ACTIONS BY WRIT

Answer 1

P29

6 situations

Sealed and endorsed

12 months extension for good reason

Backdating

Question 2

Originating Summons

1/ Which case?

• HC & DC
• HC

2/ forms of OS

3/ content

Service

Answer 2

1/ p 33
8 cas
6 cas

2/ general form and expedited

3/ 
Statement of the questions
Statement of the relief or remedy claimed
Sealed endorsement
Affidavit evidence

Question 3

PETITION

Answer 3

HC 2 situations

HC or DC

Question 4

Modes of service ?

Answer 4

Personal service
Service by post
Service by insertion into the letterbox

Question 5

1/ What is the condition if service is effected by post or insertion ?

2/ what is the last known address ?

Answer 5

1/ Physically present in HK

2/ the one last known from whatever source

Question 6

1/ 7th day rule

2/ postal service followed by personal service

3/ substitutes service
Procedure ?

Answer 6

Excluding Sunday’s and public holidays

Presumption

Question 7

Other methods of service

Answer 7

5 other methods

Question 8

1/ Service on a limited company

2/ service on unregistered company

3/ service on partnership

4/ service on person with disability

5/ admiralty actions in rem

Answer 8

1/ registered office and if no RO…

2/ any place of business established

3/ one or more patents or principal place of business

4/ person having guardianship or care

5/ on the ship by court bailiff

Question 9

Service out of the jurisdiction

Answer 9

1/ Procedure ?
2/ duty 
3/ matters to be established before grant of leave
3/ condition ?
4/ mainland China
5/ foreign state 
6/ setting aside
7/ procedure to dispute the jurisdiction

Question 10

Application to stay HK proceeding
2 examples
Forum non conveniens 3-stage steps

Answer 10

Arbitration

Forum non conveniens

Question 11

Proof of service ?

Answer 11

4 proofs