LAM CHUNG PING AND OTHERS v. CHAN YUET KUEN AND ANOTHER

LAM CHUNG PING AND OTHERS v. CHAN YUET KUEN AND ANOTHER

The prayer for "damages on slander on title" in the Amended Statement of Claim is struck out because the pleading failed to plead malice or particulars of malice, thereby disclosing no reasonable cause of action and risking prejudice, embarrassment and delay; the court lawfully exercised its power under Order 18 r19(1) (and alternatively its case management power under Order 1B r1(2)(j)) to strike out that relief sua sponte, while preserving the plaintiffs' right to seek removal of the registered Form A by exercise of the court's inherent jurisdiction.

Citation
[2025] HKDC 476
Parties
1st Plaintiff: Lam Chung Ping; 2nd Plaintiff: Lam Yin Suen; 3rd Plaintiff: Lam Chung Ping and Lam Yin Suen (Executor and Executrix of the Estate of Fok Kam Fai, Deceased); 1st Defendant: Chan Yuet Kuen; 2nd Defendant: All Persons in Occupation of the Premises known as Office B on the 1st Floor, No.167 Queen’s Road West, Hong Kong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 March 2025
Case Number
DCCJ2203/2023
Procedural Posture
Civil Action / Trial (first Day)
Outcome
The court struck out the prayer for "damages on slander on title" in the Amended Statement of Claim; the remainder of the trial, including the claim for removal of the registered Form A, will proceed.
Legal Topics
Pleadings, Slander of Title, Malicious Falsehood, Strike Out, Land Registry, Case Management, Inherent Jurisdiction
Source Language
EN
Civil Procedure Property Law Tort Pleadings Slander of Title Malicious Falsehood Strike Out Land Registry +2 more

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Parties

Lam Chung Ping

1st Plaintiff

Lam Yin Suen

2nd Plaintiff

Lam Chung Ping and Lam Yin Suen (Executor and Executrix of the Estate of Fok Kam Fai, Deceased)

3rd Plaintiff

Chan Yuet Kuen

1st Defendant

All Persons in Occupation of the Premises known as Office B on the 1st Floor, No.167 Queen’s Road West, Hong Kong

2nd Defendant

Procedural Posture

Civil Action / Trial (first Day)

Legal Issues

  1. 1 Whether a claim for slander of title/malicious falsehood requires an express plea of malice in the statement of claim
  2. 2 Whether the prayer for "damages on slander on title" in the Amended Statement of Claim should be struck out for disclosing no reasonable cause of action or being an abuse of process
  3. 3 Whether the court may act sua sponte under Order 18 r19(1) or its inherent/case management powers to exclude the issue

Ratio Decidendi

The prayer for "damages on slander on title" in the Amended Statement of Claim is struck out because the pleading failed to plead malice or particulars of malice, thereby disclosing no reasonable cause of action and risking prejudice, embarrassment and delay; the court lawfully exercised its power under Order 18 r19(1) (and alternatively its case management power under Order 1B r1(2)(j)) to strike out that relief sua sponte, while preserving the plaintiffs' right to seek removal of the registered Form A by exercise of the court's inherent jurisdiction.

Court Disposition

The court struck out the prayer for "damages on slander on title" in the Amended Statement of Claim; the remainder of the trial, including the claim for removal of the registered Form A, will proceed.

Orders

  • Strike out §(i) of the prayer in the Amended Statement of Claim which prayed for "damages on slander on title"
  • Proceed with the trial (scheduled for six days) on the remaining issues including the plaintiffs' application for removal of Form A in the Land Registry under the court's inherent jurisdiction