LAW KA YAN THOMPSON v. HO KANG WING

LAW KA YAN THOMPSON v. HO KANG WING

On the balance of probabilities, applying the heightened scrutiny for grave allegations, the plaintiff failed to prove that he or any named third parties were intimidated or harassed by the pleaded Alleged Wrongful Acts, and failed to prove the defendant caused those acts; therefore the claim is dismissed and the interlocutory injunction is discharged.

Citation
[2020] HKCFI 513
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2020
Case Number
HCA1926/2015
Procedural Posture
Tort Intimidation and Harassment; Injunction / Trial Judgment (final)
Outcome
Claim dismissed; interlocutory injunction discharged; plaintiff ordered to pay defendant's costs (nisi)
Legal Topics
Intimidation, Harassment, Blackmail, Burden of Proof, Credibility of Witnesses
Source Language
EN
Tort Civil Procedure Injunctions Intimidation Harassment Blackmail Burden of Proof Credibility of Witnesses

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Tort Intimidation and Harassment; Injunction / Trial Judgment (final)

Legal Issues

  1. 1 Whether the plaintiff was intimidated or harassed by the Alleged Wrongful Acts
  2. 2 Whether the defendant caused persons purporting to act for him to carry out the Alleged Wrongful Acts
  3. 3 Whether there was damage to the plaintiff and/or others and what relief is appropriate

Ratio Decidendi

On the balance of probabilities, applying the heightened scrutiny for grave allegations, the plaintiff failed to prove that he or any named third parties were intimidated or harassed by the pleaded Alleged Wrongful Acts, and failed to prove the defendant caused those acts; therefore the claim is dismissed and the interlocutory injunction is discharged.

Court Disposition

Claim dismissed; interlocutory injunction discharged; plaintiff ordered to pay defendant's costs (nisi)

Orders

  • Claim dismissed against the defendant
  • Interlocutory injunctions under the Continuation Order discharged