譚兆尹 對 黎法欽及另一人

譚兆尹 對 黎法欽及另一人

Default judgment summons was revoked because the writ was not proved served on the defendants and the summons was prematurely issued; the statement of claim was struck out because, on assumed facts, it disclosed no reasonable cause of action, was frivolous, scandalous and an abuse of court process as the matters complained of concerned association affairs not personal negligence, and the action was dismissed; costs orders were moderated because of the plaintiff's mental health.

Citation
[2024] HKDC 678
Parties
Plaintiff: 譚兆尹; First Defendant: 黎法欽; Second Defendant: 黎相如
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 April 2024
Case Number
DCCJ635/2023
Procedural Posture
Civil / Interlocutory Applications (default Judgment Summons, Strike Out Application, Extension of Time Application)
Outcome
Default judgment summons revoked; statement of claim struck out and action dismissed; defendants permitted to withdraw extension summons.
Legal Topics
Service of Process, Default Judgment, Strike Out (no Cause of Action / Frivolous / Scandalous), Abuse of Court Process, Costs Assessment, Extension of Time to File Defence
Source Language
CH
Civil Procedure Service of Process Costs Tort Negligence Abuse of Process Default Judgment Strike Out (no Cause of Action / Frivolous / Scandalous) Abuse of Court Process +2 more

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Parties

譚兆尹

Plaintiff

黎法欽

First Defendant

黎相如

Second Defendant

Procedural Posture

Civil / Interlocutory Applications (default Judgment Summons, Strike Out Application, Extension of Time Application)

Legal Issues

  1. 1 Whether the plaintiff validly served the writ and statement of claim on the defendants
  2. 2 Whether the plaintiff was entitled to obtain a default judgment summons
  3. 3 Whether the statement of claim discloses a reasonable cause of action or is frivolous, scandalous or an abuse of process

Ratio Decidendi

Default judgment summons was revoked because the writ was not proved served on the defendants and the summons was prematurely issued; the statement of claim was struck out because, on assumed facts, it disclosed no reasonable cause of action, was frivolous, scandalous and an abuse of court process as the matters complained of concerned association affairs not personal negligence, and the action was dismissed; costs orders were moderated because of the plaintiff's mental health.

Court Disposition

Default judgment summons revoked; statement of claim struck out and action dismissed; defendants permitted to withdraw extension summons.

Orders

  • Revoke the default judgment summons filed by the plaintiff on 9 June 2023
  • Strike out the plaintiff's statement of claim pursuant to the defendants' strike out summons filed 18 September 2023 and dismiss the action