SKK (H.K.) CO LTD 對 TSUI PO HING及另一人

SKK (H.K.) CO LTD 對 TSUI PO HING及另一人

The court held the proposed claims based on the seven cheques and the related attempts to re‑litigate matters were barred by earlier final determinations (res judicata and Henderson v Henderson abuse), many of the asserted causes arose in 1993–1998 and were time‑barred, and the proposed amendments and proceedings...

Source-derived case information.

Citation
[2024] HKCFI 2218
Parties
First Plaintiff in Hcmp1905/2022 and Hcmp462/2023; First Defendant in Hcmp264/2023: TSUI PO HING; Second Plaintiff in Hcmp1905/2022 and Hcmp462/2023; Second Defendant in Hcmp264/2023: TSUI PO CHEUNG; Defendant in Hcmp1905/2022 and Hcmp462/2023; Plaintiff in Hcmp264/2023: SKK (H.K.) CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2024
Case Number
HCMP264/2023
Procedural Posture
Consolidated Interlocutory HCMP Applications (hcmp1905/2022, Hcmp462/2023, Hcmp264/2023) / Hearing on Striking Out/removal Summonses and Amendment Application (interlocutory)
Outcome
1905/OS and 462/OS struck out and removed; 462 proposed amendment refused; Tsuis' application to remove 264/OS dismissed (264/OS remains); interim costs orders made in favour of SKK against the Tsui brothers on compensatory/indemnity basis, to become absolute after 14 days unless varied.
Legal Topics
Strike Out/removal of Originating Summons, Henderson V Henderson Abuse, Order 14/15 High Court Rules Applications, Discharge of Charge/possession Proceedings, Costs Orders
Source Language
ch
Civil Procedure Res Judicata/abuse of Process Mortgages and Legal Charge Contract Law Limitation Law Strike Out/removal of Originating Summons Henderson V Henderson Abuse Order 14/15 High Court Rules Applications +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

TSUI PO HING

First Plaintiff in Hcmp1905/2022 and Hcmp462/2023; First Defendant in Hcmp264/2023

TSUI PO CHEUNG

Second Plaintiff in Hcmp1905/2022 and Hcmp462/2023; Second Defendant in Hcmp264/2023

SKK (H.K.) CO. LTD.

Defendant in Hcmp1905/2022 and Hcmp462/2023; Plaintiff in Hcmp264/2023

Procedural Posture

Consolidated Interlocutory HCMP Applications (hcmp1905/2022, Hcmp462/2023, Hcmp264/2023) / Hearing on Striking Out/removal Summonses and Amendment Application (interlocutory)

  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 1905/OS, 462/OS and the proposed amendments disclose a reasonable cause of action or are frivolous/vexatious and should be struck out
  3. 3 Whether claims based on events in 1993–1998 are time‑barred under Limitation Ordinance s4

Ratio Decidendi

The court held the proposed claims based on the seven cheques and the related attempts to re‑litigate matters were barred by earlier final determinations (res judicata and Henderson v Henderson abuse), many of the asserted causes arose in 1993–1998 and were time‑barred, and the proposed amendments and proceedings disclosed no reasonable cause; accordingly the strike‑out/removal applications in HCMP1905/2022 and HCMP462/2023 were allowed (and the proposed amendment refused) while the Tsuis' application to remove SKK's HCMP264/2023 restraining order was dismissed; costs were ordered against the Tsuis on a compensatory/indemnity assessment summarily, to become absolute after 14 days absent...

Court Disposition

1905/OS and 462/OS struck out and removed; 462 proposed amendment refused; Tsuis' application to remove 264/OS dismissed (264/OS remains); interim costs orders made in favour of SKK against the Tsui brothers on compensatory/indemnity basis, to become absolute after 14 days unless varied.

Orders

  • Strike out and set aside HCMP1905/2022 originating summons (1905/OS)
  • Strike out and set aside HCMP462/2023 originating summons (462/OS)