LUCY MICHAELS v. CITYBASE PROPERTY MANAGEMENT LTD AND ANOTHER

LUCY MICHAELS v. CITYBASE PROPERTY MANAGEMENT LTD AND ANOTHER

The court struck out the claim against the 2nd defendant because it is not a separate legal entity; the statement of claim against the 1st defendant as pleaded lacks sufficient particulars (identities, dates, particulars of duty and pleaded damages/medical evidence) and would be struck out unless the plaintiff files...

Source-derived case information.

Citation
LUCY MICHAELS v. CITYBASE PROPERTY MANAGEMENT LTD AND ANOTHER
Parties
Plaintiff: Lucy Michaels; 1st Defendant: Citybase Property Management Limited; 2nd Defendant: Vianni Cove Management Services Centre
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 January 2017
Case Number
HCPI899/2016
Procedural Posture
Personal Injuries Action / Interlocutory (striking Out and Order 14 Summary Judgment Applications)
Outcome
Claim against 2nd defendant struck out; plaintiff given leave to propose amended statement of claim against 1st defendant and statement of damages within 28 days or the statement of claim will be struck out; summary judgment dismissed.
Legal Topics
Vicarious Liability, Striking Out (order 18 R19), Summary Judgment (order 14), Harassment, Intentional Infliction of Emotional Distress, Pleadings and Particulars, Damages, Race Discrimination Ordinance
Source Language
en
Tort Personal Injury Civil Procedure Employment Law Defamation Anti Discrimination Law Vicarious Liability Striking Out (order 18 R19) +6 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lucy Michaels

Plaintiff

Citybase Property Management Limited

1st Defendant

Vianni Cove Management Services Centre

2nd Defendant

Procedural Posture

Personal Injuries Action / Interlocutory (striking Out and Order 14 Summary Judgment Applications)

Legal Issues

  1. 1 whether 2nd defendant is a legal entity capable of being sued
  2. 2 whether the statement of claim discloses a reasonable cause of action and contains sufficient particulars
  3. 3 whether the 1st defendant can be vicariously liable for the security guard's and cleaning lady's conduct

Ratio Decidendi

The court struck out the claim against the 2nd defendant because it is not a separate legal entity; the statement of claim against the 1st defendant as pleaded lacks sufficient particulars (identities, dates, particulars of duty and pleaded damages/medical evidence) and would be struck out unless the plaintiff files a proposed amended statement of claim and statement of damages within 28 days; summary judgment application dismissed because disputed facts and triable issues preclude summary determination.

Court Disposition

Claim against 2nd defendant struck out; plaintiff given leave to propose amended statement of claim against 1st defendant and statement of damages within 28 days or the statement of claim will be struck out; summary judgment dismissed.

Orders

  • Strike out claim and action against Vianni Cove Management Services Centre (2nd defendant)
  • Order nisi that Citybase Property Management Limited (1st defendant) have costs of defending the claim against the 2nd defendant