謝瑛明代胡寶棠 對 王小玲及另一人

謝瑛明代胡寶棠 對 王小玲及另一人

Restoration was refused and the claim struck out because the purported applicant was acting for a person of no legal capacity without solicitor representation in breach of Order 80, and the claim form failed to disclose any reasonable cause of action and was frivolous/vexatious/unintelligible such that allowing the...

Source-derived case information.

Citation
[2019] HKDC 1350
Parties
Applicant: 胡寶棠(由謝瑛明代為申索人); First Respondent: 王小玲; Second Respondent: 江夏筠
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 October 2019
Case Number
DCEO3/2019
Procedural Posture
Equal Opportunity Claims Under Sex Discrimination Ordinance and Disability Discrimination Ordinance / Restoration Application Hearing Following Dismissal for Non‑attendance; Application to Restore Denied; Claim Struck Out
Outcome
Application to restore dismissed; claim struck out and summons vacated
Legal Topics
Strike Out for Vexatious or Frivolous Claim, Representation of Person Lacking Legal Capacity, Restoration of Proceedings After Non‑attendance, Costs Orders
Source Language
ch
Discrimination Law Civil Procedure Capacity and Representation Law Costs Strike Out for Vexatious or Frivolous Claim Representation of Person Lacking Legal Capacity Restoration of Proceedings After Non‑attendance Costs Orders

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Parties

胡寶棠(由謝瑛明代為申索人)

Applicant

王小玲

First Respondent

江夏筠

Second Respondent

Procedural Posture

Equal Opportunity Claims Under Sex Discrimination Ordinance and Disability Discrimination Ordinance / Restoration Application Hearing Following Dismissal for Non‑attendance; Application to Restore Denied; Claim Struck Out

  1. 1 Whether to allow restoration of a claim after the applicant failed to attend the first case management hearing
  2. 2 Whether a person lacking capacity may be represented in proceedings by a non‑lawyer and proceed without a lawyer contrary to Order 80 requirements
  3. 3 Whether the claim form discloses a reasonable cause of action or is frivolous/vexatious and should be struck out

Ratio Decidendi

Restoration was refused and the claim struck out because the purported applicant was acting for a person of no legal capacity without solicitor representation in breach of Order 80, and the claim form failed to disclose any reasonable cause of action and was frivolous/vexatious/unintelligible such that allowing the claim to proceed would prejudice fair trial and impose unfair burden on respondents; accordingly discretion to restore was not exercised and costs were awarded to respondents.

Court Disposition

Application to restore dismissed; claim struck out and summons vacated

Orders

  • Summons for restoration dismissed and claim revoked/struck out
  • Applicant ordered to pay costs to first respondent of HKD 200