ELIJAH SAATORI and Another v. CHENG CHUN MO and Another

ELIJAH SAATORI and Another v. CHENG CHUN MO and Another

The appeal is dismissed because the breach of confidence claim was available in earlier proceedings and is therefore res judicata and an abuse of process; the Master was entitled to set aside the default judgment, strike out the Statement of Claim and dismiss the action; the court has inherent jurisdiction to intervene to prevent vexatious litigation.

Citation
ELIJAH SAATORI and Another v. CHENG CHUN MO and Another
Parties
1st Plaintiff: Elijah Saatori; 2nd Plaintiff: Cerebe Design Limited; 1st Defendant: Cheng Chun Mo alias Peter Cheng; 2nd Defendant: Pioneer Advertising Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 1997
Case Number
HCA3908/1995
Procedural Posture
Civil Appeal / Rehearing
Outcome
appeal dismissed; Master’s order affirmed
Legal Topics
Default Judgment, Strike Out, Abuse of Process, Stay or Dismissal of Proceedings, Assessment of Damages
Source Language
EN
Civil Procedure Equity Confidential Information Res Judicata Court Inherent Jurisdiction Default Judgment Strike Out Abuse of Process +2 more

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Parties

Elijah Saatori

1st Plaintiff

Cerebe Design Limited

2nd Plaintiff

Cheng Chun Mo alias Peter Cheng

1st Defendant

Pioneer Advertising Limited

2nd Defendant

Procedural Posture

Civil Appeal / Rehearing

Legal Issues

  1. 1 whether the present breach of confidence claim was barred by res judicata
  2. 2 whether the Statement of Claim was frivolous or vexatious and an abuse of the court process
  3. 3 whether the court has inherent jurisdiction to set aside a regular default judgment and strike out the action at any stage

Ratio Decidendi

The appeal is dismissed because the breach of confidence claim was available in earlier proceedings and is therefore res judicata and an abuse of process; the Master was entitled to set aside the default judgment, strike out the Statement of Claim and dismiss the action; the court has inherent jurisdiction to intervene to prevent vexatious litigation.

Court Disposition

appeal dismissed; Master’s order affirmed

Orders

  • Judgment set aside
  • Statement of Claim struck out