TSUI PO HING及另一人 對 SKK (H.K.) CO LTD

TSUI PO HING及另一人 對 SKK (H.K.) CO LTD

The court struck out the summonses in HCMP1905/2022 and HCMP462/2023 and dismissed the proposed amendment to 462 because the claims based on the seven cheques and related counterclaims plainly failed to disclose a reasonable cause, were barred by res judicata/Henderson v Henderson and by limitation, and amounted to an abuse of process. The 264 removal summons by the Tsui brothers was revoked (their application to remove SKK's s27 restraint summons was dismissed) because SKK had established objective grounds for its restraint application. Interim costs orders were made in favour of SKK on a compensatory basis, to be assessed.

Citation
[2024] HKCFI 2218
Parties
First Plaintiff (hcmp1905/2022; Hcmp462/2023); First Defendant (hcmp264/2023): TSUI PO HING; Second Plaintiff (hcmp1905/2022; Hcmp462/2023); Second Defendant (hcmp264/2023): TSUI PO CHEUNG; Defendant (hcmp1905/2022; Hcmp462/2023); Plaintiff (hcmp264/2023): SKK (H.K.) CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2024
Case Number
HCMP1905/2022
Procedural Posture
Interlocutory Applications to Strike Out/modify Summonses and for Restraint Under High Court Ordinance / Interlocutory Consolidated Hearing and Decision (applications to Remove/suspend Summonses)
Outcome
Applications in HCMP1905/2022 and HCMP462/2023 granted (summonses struck out; amendment refused); application to strike out HCMP264/2023 refused (the removal summons revoked) with undertakings recorded; interim costs orders for SKK
Legal Topics
Henderson V Henderson Abuse of Process, Set Off and Counterclaims, Strike Out/removal of Proceedings Under High Court Rules, Restraint Orders Under High Court Ordinance S27, Costs Assessment — Compensatory/indemnity Basis
Source Language
CH
Civil Procedure Res Judicata and Abuse of Process Property Law (legal Charge) Contract and Debt Recovery Limitation Henderson V Henderson Abuse of Process Set Off and Counterclaims Strike Out/removal of Proceedings Under High Court Rules +2 more

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Parties

TSUI PO HING

First Plaintiff (hcmp1905/2022; Hcmp462/2023); First Defendant (hcmp264/2023)

TSUI PO CHEUNG

Second Plaintiff (hcmp1905/2022; Hcmp462/2023); Second Defendant (hcmp264/2023)

SKK (H.K.) CO. LTD.

Defendant (hcmp1905/2022; Hcmp462/2023); Plaintiff (hcmp264/2023)

Procedural Posture

Interlocutory Applications to Strike Out/modify Summonses and for Restraint Under High Court Ordinance / Interlocutory Consolidated Hearing and Decision (applications to Remove/suspend Summonses)

Legal Issues

  1. 1 Whether the claims based on seven cheques are barred by res judicata or constitute an abuse of process (Henderson v Henderson)
  2. 2 Whether the summonses disclose a reasonable cause of action and should be struck out as frivolous/vexatious
  3. 3 Whether claims are time-barred under the Limitation Ordinance s4

Ratio Decidendi

The court struck out the summonses in HCMP1905/2022 and HCMP462/2023 and dismissed the proposed amendment to 462 because the claims based on the seven cheques and related counterclaims plainly failed to disclose a reasonable cause, were barred by res judicata/Henderson v Henderson and by limitation, and amounted to an abuse of process. The 264 removal summons by the Tsui brothers was revoked (their application to remove SKK's s27 restraint summons was dismissed) because SKK had established objective grounds for its restraint application. Interim costs orders were made in favour of SKK on a compensatory basis, to be assessed.

Court Disposition

Applications in HCMP1905/2022 and HCMP462/2023 granted (summonses struck out; amendment refused); application to strike out HCMP264/2023 refused (the removal summons revoked) with undertakings recorded; interim costs orders for SKK

Orders

  • HCMP1905/2022: 1905/OS is struck out and removed
  • HCMP462/2023: 462/OS is struck out and removed