梁中平 對 易庭暉陳偉健律師事務所、譚壹東及另二人

梁中平 對 易庭暉陳偉健律師事務所、譚壹東及另二人

The originating summonses in HCMP 1085/2024, HCMP 1098/2024, HCMP 1254/2024 and HCMP 1536/2024 were struck out because they fail to disclose any reasonable cause of action, are malicious/vexatious and an abuse of court process, and insofar as they purport to claim against judicial officers the claims are barred by...

Source-derived case information.

Citation
[2025] HKCFI 2238
Parties
Plaintiff: 梁中平; Defendant: 張世文蔡敏律師事務所; Defendant: 麥國昌; Defendant: 易庭暉陳偉健律師事務所; Defendant: 譚壹東; Defendant: 凌依楠
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2025
Case Number
HCMP1254/2024
Procedural Posture
High Court Miscellaneous Civil Proceedings (hcmp) / Hearing and Decision on Defendants' Strike‑out Applications
Outcome
Originating summonses in HCMP 1085/2024, HCMP 1098/2024, HCMP 1254/2024 and HCMP 1536/2024 struck out.
Legal Topics
Strike Out / Failure to Disclose Cause of Action, Judicial Immunity (basic Law S85), Abuse of Court Process, Costs and Interim Costs Orders
Source Language
ch
Civil Procedure Constitutional Law Administrative Law Strike Out / Failure to Disclose Cause of Action Judicial Immunity (basic Law S85) Abuse of Court Process Costs and Interim Costs Orders

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Parties

梁中平

Plaintiff

張世文蔡敏律師事務所

Defendant

麥國昌

Defendant

易庭暉陳偉健律師事務所

Defendant

譚壹東

Defendant

凌依楠

Defendant

Procedural Posture

High Court Miscellaneous Civil Proceedings (hcmp) / Hearing and Decision on Defendants' Strike‑out Applications

  1. 1 Whether the originating processes disclose a reasonable cause of action and should be struck out
  2. 2 Whether claims against judicial officers are barred by Basic Law Article 85 (judicial immunity)
  3. 3 Whether the proceedings constitute abuse of process, malicious or vexatious litigation warranting strike‑out

Ratio Decidendi

The originating summonses in HCMP 1085/2024, HCMP 1098/2024, HCMP 1254/2024 and HCMP 1536/2024 were struck out because they fail to disclose any reasonable cause of action, are malicious/vexatious and an abuse of court process, and insofar as they purport to claim against judicial officers the claims are barred by Basic Law Article 85 judicial immunity.

Court Disposition

Originating summonses in HCMP 1085/2024, HCMP 1098/2024, HCMP 1254/2024 and HCMP 1536/2024 struck out.

Orders

  • Originating summonses in HCMP 1085/2024, HCMP 1098/2024, HCMP 1254/2024 and HCMP 1536/2024 are struck out.
  • Interim costs order: plaintiff to pay defendants' costs on an indemnity basis immediately (provisional order); plaintiff may file and serve written submissions to vary the interim costs order within 14 days, after which the interim order will become absolute if no submissions are filed; defendants may file and serve...