林鎮星 對 林秀霞

林鎮星 對 林秀霞

Even if the claimant's factual allegations are accepted, they do not disclose a legally actionable breach of the suspension/stay order or any other cause of action; accordingly the writ, statement of claim and defense were struck out and the proceedings against the defendant dismissed. The application for a civil...

Source-derived case information.

Citation
[2023] HKCFI 3050
Parties
Plaintiff: 林鎮星 (LAM CHUN SING JOHN); Defendant: 林秀霞 (LAM SAU HA ANNIE)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2023
Case Number
HCA1737/2022
Procedural Posture
Civil Litigation / Substantive Hearing of Applications (strike Out and Civil Restraint Order)
Outcome
Claim struck out and proceedings against defendant dismissed; application by defendant for civil restraint order refused; ancillary procedural and costs orders made.
Legal Topics
Strike Out for Failure to Disclose Cause of Action, Civil Restraint Order (restriction on Filing Proceedings), Breach of Stay/undertaking, Assessment and Award of Costs
Source Language
ch
Civil Procedure Injunctions/stay Tort (conversion/detinue/intentional Infliction of Mental Harm) Costs Strike Out for Failure to Disclose Cause of Action Civil Restraint Order (restriction on Filing Proceedings) Breach of Stay/undertaking Assessment and Award of Costs

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Parties

林鎮星 (LAM CHUN SING JOHN)

Plaintiff

林秀霞 (LAM SAU HA ANNIE)

Defendant

Procedural Posture

Civil Litigation / Substantive Hearing of Applications (strike Out and Civil Restraint Order)

  1. 1 Whether the claimant's pleading discloses a reasonable cause of action
  2. 2 Whether the defendant's conduct amounted to a breach of the stay/suspension order
  3. 3 Whether a civil restraint order is justified given the claimant's litigation history

Ratio Decidendi

Even if the claimant's factual allegations are accepted, they do not disclose a legally actionable breach of the suspension/stay order or any other cause of action; accordingly the writ, statement of claim and defense were struck out and the proceedings against the defendant dismissed. The application for a civil restraint order was refused as not presently justified though the claimant's repetitive and unmeritorious litigation conduct was noted and may justify future application if it continues.

Court Disposition

Claim struck out and proceedings against defendant dismissed; application by defendant for civil restraint order refused; ancillary procedural and costs orders made.

Orders

  • Strike out the claimant's filed writ, statement of claim and defence and dismiss all claims in these proceedings against the defendant.
  • Dismiss the defendant's application for a civil restraint (restriction on commencing proceedings) order.