NG HON SUM 對 LAM MAN LUNG 及另一人

NG HON SUM 對 LAM MAN LUNG 及另一人

The applicant's claims were frivolous, unrelated to the Sex Discrimination Ordinance and constituted an abuse of process; accordingly the exceptions in District Court Ordinance s73B(3) apply and the applicant must pay the first respondent's costs, including the barrister's certificate.

Source-derived case information.

Citation
[2024] HKDC 943
Parties
Applicant: NG HON SUM; First Respondent: LAM MAN LUNG; Second Respondent: SECRETARY FOR JUSTICE FOR AND ON BEHALF OF HONG KONG POLICE FORCE
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 June 2024
Case Number
DCEO7/2023
Procedural Posture
Equal Opportunities Litigation (sex Discrimination Ordinance) / Costs Hearing (post Judgment)
Outcome
Applicant ordered to pay the first respondent's costs.
Legal Topics
Sexual Harassment, Costs Orders, Frivolous and Vexatious Proceedings, Strike Out for No Reasonable Cause, Judicial Discretion on Costs
Source Language
ch
Sex Discrimination Equal Opportunities Civil Procedure Costs Abuse of Process Sexual Harassment Costs Orders Frivolous and Vexatious Proceedings +2 more

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Summary, issues, holding and outcome

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Parties

NG HON SUM

Applicant

LAM MAN LUNG

First Respondent

SECRETARY FOR JUSTICE FOR AND ON BEHALF OF HONG KONG POLICE FORCE

Second Respondent

Procedural Posture

Equal Opportunities Litigation (sex Discrimination Ordinance) / Costs Hearing (post Judgment)

Legal Issues

  1. 1 Whether the applicant disclosed a reasonable cause under the Sex Discrimination Ordinance
  2. 2 Whether the proceedings were frivolous or vexatious and an abuse of process
  3. 3 Whether the court should depart from the general rule on costs under District Court Ordinance s73B(3) and order costs against the applicant

Ratio Decidendi

The applicant's claims were frivolous, unrelated to the Sex Discrimination Ordinance and constituted an abuse of process; accordingly the exceptions in District Court Ordinance s73B(3) apply and the applicant must pay the first respondent's costs, including the barrister's certificate.

Court Disposition

Applicant ordered to pay the first respondent's costs.

Orders

  • Applicant Ng Hon Sum is ordered to pay all costs of the first respondent Lam Man Lung in these proceedings, including the barrister's certificate.