徐立斌及另一人 對 鍾灼偉

徐立斌及另一人 對 鍾灼偉

On the totality of the evidence (defendant's aggressive messages threatening debt collectors, timing of LinkedIn visits and letters, contemporaneous third‑party communications, the defendant's revised defence containing similar allegations, inconsistencies in defendant's account and his demonstrated motive), the court concluded the defendant instructed others to send the threatening letters; injunction was warranted; plaintiffs proved psychiatric injury and recoverable special, aggravated and exemplary damages; defendant liable even if letters were sent by others at his direction.

Citation
[2025] HKDC 1817
Parties
First Plaintiff: CHUI LAP PAN; Second Plaintiff: CHEUNG KA YUET; Defendant: CHUNG CHEUK WAI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 October 2025
Case Number
DCCJ1218/2024
Procedural Posture
Civil Intimidation/harassment Tort / Trial Judgment
Outcome
Judgment for plaintiffs; defendant liable for intimidation/harassment and ordered to pay damages and subject to an injunction
Legal Topics
Intimidation, Harassment, Restraining Order, Aggravated Damages, Exemplary Damages
Source Language
CH
Tort Injunctions Civil Procedure Damages Intimidation Harassment Restraining Order Aggravated Damages +1 more

Case Brief

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Parties

CHUI LAP PAN

First Plaintiff

CHEUNG KA YUET

Second Plaintiff

CHUNG CHEUK WAI

Defendant

Procedural Posture

Civil Intimidation/harassment Tort / Trial Judgment

Legal Issues

  1. 1 Whether the defendant personally sent or instructed others to send threatening/harassing letters
  2. 2 Whether injunctive relief is appropriate and its proper scope
  3. 3 Whether plaintiffs proved causation of psychiatric injury and entitlement to special, aggravated and exemplary damages

Ratio Decidendi

On the totality of the evidence (defendant's aggressive messages threatening debt collectors, timing of LinkedIn visits and letters, contemporaneous third‑party communications, the defendant's revised defence containing similar allegations, inconsistencies in defendant's account and his demonstrated motive), the court concluded the defendant instructed others to send the threatening letters; injunction was warranted; plaintiffs proved psychiatric injury and recoverable special, aggravated and exemplary damages; defendant liable even if letters were sent by others at his direction.

Court Disposition

Judgment for plaintiffs; defendant liable for intimidation/harassment and ordered to pay damages and subject to an injunction

Orders

  • Injunction: defendant is prohibited, whether personally or through employees, agents or any third parties, from harassing, intimidating, disturbing, threatening, molesting, pestering, annoying, extorting or otherwise interfering with the 1st and 2nd Plaintiffs and their family members, and their present, former or...
  • Defendant's counterclaim is dismissed (counterclaim withdrawn and struck out)