蔡思明 對 蔡錦裳

蔡思明 對 蔡錦裳

The Court of Appeal held the amended statement of claim failed to disclose a reasonable cause of action in six pleaded categories, many of the pleaded causes were frivolous, vexatious or an abuse of process, and relevant causes were statute-barred under the Limitation Ordinance; striking out was therefore justified...

Source-derived case information.

Citation
蔡思明 對 蔡錦裳
Parties
Plaintiff: Choi Si Ming Danny (蔡思明); Defendant: Choy Kam Sheung (蔡錦裳)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 December 2017
Case Number
CACV210/2016
Procedural Posture
Civil Appeal / Appeal to Court of Appeal — Judgment on Strike Out of Statement of Claim
Legal Topics
Striking Out Pleadings, Abuse of Process, Disclosure of Cause of Action, Statute of Limitations (limitation Ordinance Cap.347), Conspiracy, Fraud, Costs
Source Language
ch
Civil Procedure Limitations Tort Property Law Striking Out Pleadings Abuse of Process Disclosure of Cause of Action Statute of Limitations (limitation Ordinance Cap.347) +3 more

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Parties

Choi Si Ming Danny (蔡思明)

Plaintiff

Choy Kam Sheung (蔡錦裳)

Defendant

Procedural Posture

Civil Appeal / Appeal to Court of Appeal — Judgment on Strike Out of Statement of Claim

  1. 1 Whether the amended statement of claim disclosed a reasonable cause of action
  2. 2 Whether the court could strike out pleadings on grounds beyond Order 18 r.19(1)(a) (i.e. frivolous, vexatious or abuse of process) without the defendant filing an affidavit in support
  3. 3 Whether various heads of claim were statute-barred under the Limitation Ordinance (Cap.347)

Ratio Decidendi

The Court of Appeal held the amended statement of claim failed to disclose a reasonable cause of action in six pleaded categories, many of the pleaded causes were frivolous, vexatious or an abuse of process, and relevant causes were statute-barred under the Limitation Ordinance; striking out was therefore justified under Order 18 r.19 and the court's inherent jurisdiction. The appeal was dismissed and the strike-out orders and costs direction were affirmed.