L 對 陳奕民（平機會營運總裁）

L 對 陳奕民（平機會營運總裁）

The statement of claim failed to plead any facts capable of establishing a causal link between the defendant’s conduct and the applicant’s disability; therefore it disclosed no reasonable cause of action under s26 DDO and was frivolous/vexatious and liable to be struck out under Order 18 r19(1).

Citation
[2019] HKDC 679
Parties
Applicant: L; Respondent (operations Director, Equal Opportunities Commission): 陳奕民
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 May 2019
Case Number
DCEO18/2018
Procedural Posture
Disability Discrimination Claim Under Disability Discrimination Ordinance (cap.487) / Strike‑out Application / Pre‑trial (order to Strike Out Statement of Claim)
Outcome
Statement of claim struck out and claim dismissed.
Legal Topics
Disability Discrimination, Provision of Services, Pleadings Strike‑out, Causation in Discrimination Claims, Section 80 DDO, Section 64 a DDO, Costs Assessment
Source Language
CH
Discrimination Law Civil Procedure Administrative Law Costs Disability Discrimination Provision of Services Pleadings Strike‑out Causation in Discrimination Claims +3 more

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Parties

L

Applicant

陳奕民

Respondent (operations Director, Equal Opportunities Commission)

Procedural Posture

Disability Discrimination Claim Under Disability Discrimination Ordinance (cap.487) / Strike‑out Application / Pre‑trial (order to Strike Out Statement of Claim)

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action under s26 DDO
  2. 2 Whether claim is frivolous, vexatious or an abuse of process warranting strike‑out under Order 18 r19
  3. 3 Whether applicant pleaded facts sufficient to establish causal link between defendant’s conduct and applicant’s disability

Ratio Decidendi

The statement of claim failed to plead any facts capable of establishing a causal link between the defendant’s conduct and the applicant’s disability; therefore it disclosed no reasonable cause of action under s26 DDO and was frivolous/vexatious and liable to be struck out under Order 18 r19(1).

Court Disposition

Statement of claim struck out and claim dismissed.

Orders

  • Strike out the statement of claim in its entirety and dismiss the claim.
  • Applicant to pay respondent's costs of the claim and of the strike‑out application, including reserved costs.