CHENG KIN CHING v. CHING LIN CHUEN AND OTHERS

CHENG KIN CHING v. CHING LIN CHUEN AND OTHERS

The court held the proposed claims are an abuse of process because they were or could and should have been litigated in the prior 2006 Action whose judgment is final; the pleaded equitable claims are unparticularised and disclose no reasonable cause of action; applications to amend and to join Pegasus and Polyline...

Source-derived case information.

Citation
CHENG KIN CHING v. CHING LIN CHUEN AND OTHERS
Parties
Plaintiff: Cheng Kin Ching; 1st Defendant: Ching Lin Chuen; 2nd Defendant: The personal representative of the estate of Tam Shui; 3rd Defendant: Chan Yung Yu Jacky; 4th Defendant: Wai Hang Cheong Company Limited; 5th Defendant: Cheung Bik Fung; 6th Defendant: Kwok Yuk Leung; 7th Defendant: Chan Shui Yeung; 8th Defendant: Hong Kong Weidong Real Estate Limited; 9th Defendant: Tang Kit Ting; 10th Defendant: Sunfair Corporation Limited; 11th Defendant: Grand Luck Limited; 12th Defendant: Chan Wong Sing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2015
Case Number
HCA1645/2013
Procedural Posture
Civil Action With Related Companies Winding Up Proceedings / Application to Strike Out Claims and Applications to Amend/join Parties; Decision on Strike Out and Joinder Applications
Outcome
Claims in the Statement of Claim struck out; applications to amend and to join Pegasus and to join Polyline refused; costs ordered against plaintiff (nisi).
Legal Topics
Abuse of Process (henderson V Henderson), Res Judicata, Constructive Trust, Knowing Receipt, Dishonest Assistance, Strike Out Application, Joinder of Parties, Illegality of Contract
Source Language
en
Civil Procedure Company Law Trusts and Equity Property Law Land Law Abuse of Process (henderson V Henderson) Res Judicata Constructive Trust +5 more

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Parties

Cheng Kin Ching

Plaintiff

Ching Lin Chuen

1st Defendant

The personal representative of the estate of Tam Shui

2nd Defendant

Chan Yung Yu Jacky

3rd Defendant

Wai Hang Cheong Company Limited

4th Defendant

Cheung Bik Fung

5th Defendant

Kwok Yuk Leung

6th Defendant

Chan Shui Yeung

7th Defendant

Hong Kong Weidong Real Estate Limited

8th Defendant

Tang Kit Ting

9th Defendant

Sunfair Corporation Limited

10th Defendant

Grand Luck Limited

11th Defendant

Chan Wong Sing

12th Defendant

Procedural Posture

Civil Action With Related Companies Winding Up Proceedings / Application to Strike Out Claims and Applications to Amend/join Parties; Decision on Strike Out and Joinder Applications

Legal Issues

  1. 1 Whether the present proceedings amount to an abuse of process because the matters could and should have been litigated in the earlier 2006 Action
  2. 2 Whether the proposed claims disclose a reasonable cause of action or are frivolous and vexatious
  3. 3 Whether the constructive trust/knowing receipt and dishonest assistance claims are pleaded with sufficient particularity

Ratio Decidendi

The court held the proposed claims are an abuse of process because they were or could and should have been litigated in the prior 2006 Action whose judgment is final; the pleaded equitable claims are unparticularised and disclose no reasonable cause of action; applications to amend and to join Pegasus and Polyline were refused and the claims struck out as frivolous and vexatious.

Court Disposition

Claims in the Statement of Claim struck out; applications to amend and to join Pegasus and to join Polyline refused; costs ordered against plaintiff (nisi).

Orders

  • Claims against the defendants struck out
  • Application to amend the Statement of Claim refused