IU PO CHEUNG v. THE COMMISSIONER FOR CENSUS & STATISTICS AND ANOTHER

IU PO CHEUNG v. THE COMMISSIONER FOR CENSUS & STATISTICS AND ANOTHER

The appeal is dismissed because the third action repeats the same matters as prior litigation, constitutes an abuse of process, lacks new substance, is time‑barred/stale, and allegations of false evidence do not create a distinct actionable cause.

Source-derived case information.

Citation
IU PO CHEUNG v. THE COMMISSIONER FOR CENSUS & STATISTICS AND ANOTHER
Parties
Plaintiff: IU PO CHEUNG; 1st Defendant: THE COMMISSIONER FOR CENSUS & STATISTICS; 2nd Defendant: THE SECRETARY FOR JUSTICE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2013
Case Number
HCA1120/2012
Procedural Posture
Civil Action / Appeal From Master Wong's Strike Out Decision; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Strike Out, Res Judicata, Limitation, Costs
Source Language
et
Civil Procedure Administrative Law Employment Law Abuse of Process Strike Out Res Judicata Limitation Costs

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Parties

IU PO CHEUNG

Plaintiff

THE COMMISSIONER FOR CENSUS & STATISTICS

1st Defendant

THE SECRETARY FOR JUSTICE

2nd Defendant

Procedural Posture

Civil Action / Appeal From Master Wong's Strike Out Decision; Judgment on Appeal

Legal Issues

  1. 1 Whether the third action is an abuse of process/multiple actions based on same matters
  2. 2 Whether the claims are time‑barred/stale
  3. 3 Whether the pleaded allegations (including false evidence) constitute a new cause of action

Ratio Decidendi

The appeal is dismissed because the third action repeats the same matters as prior litigation, constitutes an abuse of process, lacks new substance, is time‑barred/stale, and allegations of false evidence do not create a distinct actionable cause.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to the defendants