陳勝龍 v. 何偉成及另四人

陳勝龍 v. 何偉成及另四人

Because the plaintiff repeatedly failed to comply with PD18.1 and Order 15 by not producing admissible medical reports or sufficiently stating his causes of action despite multiple extensions, the court struck out his claims against the 1st, 3rd and 4th defendants and made an Order Nisi on costs.

Citation
陳勝龍 v. 何偉成及另四人
Parties
Plaintiff: Mr Chan; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant: 4th Defendant; 5th Defendant: Department of Health
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2007
Case Number
HCPI228/2006
Procedural Posture
Personal Injury / Medical Negligence / Ruling on Strike Out Applications
Outcome
Claims against the 1st, 3rd and 4th Defendants struck out; Order Nisi as to costs provided
Legal Topics
Strike Out, Practice Directions Compliance, Statement of Claim Requirements, Service of Process, Order 18 Rule 12(1 C), Order 15
Source Language
EN
Civil Procedure Tort Medical Negligence Practice Directions Strike Out Practice Directions Compliance Statement of Claim Requirements Service of Process +2 more

Case Brief

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Parties

Mr Chan

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant

4th Defendant

Department of Health

5th Defendant

Procedural Posture

Personal Injury / Medical Negligence / Ruling on Strike Out Applications

Legal Issues

  1. 1 Whether the plaintiff complied with Practice Direction PD18.1 and Order 18 Rule 12(1C) by filing proper medical reports
  2. 2 Whether the Statement of Claim sufficiently stated the cause of action as required by Order 15
  3. 3 Whether the 5th defendant was validly added without service or amendment

Ratio Decidendi

Because the plaintiff repeatedly failed to comply with PD18.1 and Order 15 by not producing admissible medical reports or sufficiently stating his causes of action despite multiple extensions, the court struck out his claims against the 1st, 3rd and 4th defendants and made an Order Nisi on costs.

Court Disposition

Claims against the 1st, 3rd and 4th Defendants struck out; Order Nisi as to costs provided

Orders

  • Claim against the 1st Defendant struck out
  • Claim against the 3rd Defendant struck out