WONG WAI HING v. HUI WEI LEE

WONG WAI HING v. HUI WEI LEE

The court found specific acts by the agents constituted assault and intimidation, but the Defendant was not liable because she expressly instructed lawful collection methods, obtained assurances and contractual clauses from the debt collector, and the agents' unlawful conduct was outside the scope of their express and implied authority, not authorised, instigated or ratified by the Defendant.

Citation
WONG WAI HING v. HUI WEI LEE
Parties
1st Plaintiff: WONG WAI HING; 2nd Plaintiff: FUNG SIU LING; Defendant: HUI WEI LEE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2000
Case Number
HCA2901/1998
Procedural Posture
Civil Tort (assault and Intimidation) / Trial Judgment (29 March 2000)
Outcome
Claim dismissed; Defendant not liable for unlawful acts of her agents
Legal Topics
Assault, Intimidation, Vicarious Liability/agency, Debt Collection Practices, Exemplary Damages
Source Language
EN
Tort Agency Civil Litigation Injunctions Assault Intimidation Vicarious Liability/agency Debt Collection Practices +1 more

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Parties

WONG WAI HING

1st Plaintiff

FUNG SIU LING

2nd Plaintiff

HUI WEI LEE

Defendant

Procedural Posture

Civil Tort (assault and Intimidation) / Trial Judgment (29 March 2000)

Legal Issues

  1. 1 Whether the acts complained of amounted to assault and the tort of intimidation
  2. 2 Whether the Defendant is liable for the unlawful acts of agents/debt collectors employed by her

Ratio Decidendi

The court found specific acts by the agents constituted assault and intimidation, but the Defendant was not liable because she expressly instructed lawful collection methods, obtained assurances and contractual clauses from the debt collector, and the agents' unlawful conduct was outside the scope of their express and implied authority, not authorised, instigated or ratified by the Defendant.

Court Disposition

Claim dismissed; Defendant not liable for unlawful acts of her agents

Orders

  • Claim dismissed
  • Order nisi that the 1st and 2nd Plaintiffs pay the Defendant her costs of the action