KWAN YUEN MEI v. LAU SUI YUEN

KWAN YUEN MEI v. LAU SUI YUEN

The Master held the revised statement of claim disclosed a prima facie cause of action for a catheterised urine test carried out without proper consent against the nurse (2nd defendant) and the Hospital Authority, but there was no reasonable cause of action pleaded against Dr Lau so HCPI 569/2009 was struck out; HCPI 570/2009 may proceed against the 2nd defendant and Hospital Authority with leave to amend and directions, while claims against the 3rd and 4th defendants are dismissed and leave granted to withdraw against the 1st defendant.

Citation
KWAN YUEN MEI v. LAU SUI YUEN
Parties
Plaintiff; Administratrix of the Estate of Chan Shuit Chan (deceased): Kwan Yuen Mei; Defendant (hcpi 569/2009): Lau Sui Yuen; 1st Defendant (hcpi 570/2009): Lee See Ching; 2nd Defendant (hcpi 570/2009): Mau Ka Yan; 3rd Defendant (hcpi 570/2009): Cheng Sui Yee Christina; 4th Defendant (hcpi 570/2009): Chan Sau Chu; 5th Defendant (to Be Substituted for Hospital Superintendent, Our Lady of Maryknoll Hospital): Hospital Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 April 2012
Case Number
HCPI569/2009
Procedural Posture
Personal Injuries Action / Interlocutory Strike Out Application Before Master; Part‑heard; Appeal Pending on Earlier Medical Negligence Ruling
Outcome
HCPI 569/2009 struck out in full for no reasonable cause of action against Dr Lau; HCPI 570/2009 partially struck out: claims against 3rd and 4th defendants dismissed with costs, leave to withdraw claim against 1st defendant, action to continue against 2nd defendant and Hospital Authority with leave to amend...
Legal Topics
Consent to Medical Treatment, Assault and Battery, Strike Out Under Order 18 R.19, Amendment of Pleadings, Vicarious Liability, Costs
Source Language
EN
Tort Medical Negligence Civil Procedure Health Law Consent to Medical Treatment Assault and Battery Strike Out Under Order 18 R.19 Amendment of Pleadings +2 more

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Parties

Kwan Yuen Mei

Plaintiff; Administratrix of the Estate of Chan Shuit Chan (deceased)

Lau Sui Yuen

Defendant (hcpi 569/2009)

Lee See Ching

1st Defendant (hcpi 570/2009)

Mau Ka Yan

2nd Defendant (hcpi 570/2009)

Cheng Sui Yee Christina

3rd Defendant (hcpi 570/2009)

Chan Sau Chu

4th Defendant (hcpi 570/2009)

Hospital Authority

5th Defendant (to Be Substituted for Hospital Superintendent, Our Lady of Maryknoll Hospital)

Procedural Posture

Personal Injuries Action / Interlocutory Strike Out Application Before Master; Part‑heard; Appeal Pending on Earlier Medical Negligence Ruling

Legal Issues

  1. 1 Whether the revised statement of claim discloses a reasonable cause of action for a urine test carried out without consent
  2. 2 Whether there is any reasonable cause of action against Dr Lau Sui Yuen as ordered the test
  3. 3 Whether claims against specific defendants should be struck out or allowed to proceed and whether Hospital Authority should be substituted as defendant

Ratio Decidendi

The Master held the revised statement of claim disclosed a prima facie cause of action for a catheterised urine test carried out without proper consent against the nurse (2nd defendant) and the Hospital Authority, but there was no reasonable cause of action pleaded against Dr Lau so HCPI 569/2009 was struck out; HCPI 570/2009 may proceed against the 2nd defendant and Hospital Authority with leave to amend and directions, while claims against the 3rd and 4th defendants are dismissed and leave granted to withdraw against the 1st defendant.

Court Disposition

HCPI 569/2009 struck out in full for no reasonable cause of action against Dr Lau; HCPI 570/2009 partially struck out: claims against 3rd and 4th defendants dismissed with costs, leave to withdraw claim against 1st defendant, action to continue against 2nd defendant and Hospital Authority with leave to amend...

Orders

  • HCPI 569/2009 struck out in its entirety with costs to the defendant (Dr Lau Sui Yuen)
  • HCPI 570/2009: claims against 3rd defendant (Cheng Sui Yee Christina) and 4th defendant (Chan Sau Chu) dismissed with costs to those defendants