RAY CHEN v. ANITA WAN CHING LAM AND ANOTHER

RAY CHEN v. ANITA WAN CHING LAM AND ANOTHER

The court struck out the impugned paragraphs: declaratory relief struck because damages provide an adequate remedy; claim for damages for mental stress struck because mental stress alone is not a basis for damages; claim for exemplary damages struck because it does not fall within recognized categories; and references to without prejudice negotiations excluded as irrelevant and likely to discourage settlement.

Citation
RAY CHEN v. ANITA WAN CHING LAM AND ANOTHER
Parties
Plaintiff: Ray Chen; 1st Defendant: Anita Wan Ching Lam; 2nd Defendant: Johnson, Stokes and Master
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 July 2001
Case Number
DCCJ531/2001
Procedural Posture
Civil Professional Negligence / Strike Out Application (interlocutory)
Outcome
Defendants' strike-out application allowed; specified paragraphs struck out.
Legal Topics
Declaratory Relief, Exemplary Damages, Mental Distress Damages, Without Prejudice Communications, Strike Out of Pleadings
Source Language
EN
Civil Litigation Professional Negligence Evidence Civil Remedies Declaratory Relief Exemplary Damages Mental Distress Damages Without Prejudice Communications +1 more

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Parties

Ray Chen

Plaintiff

Anita Wan Ching Lam

1st Defendant

Johnson, Stokes and Master

2nd Defendant

Procedural Posture

Civil Professional Negligence / Strike Out Application (interlocutory)

Legal Issues

  1. 1 Whether declaratory relief should be granted where damages are an adequate remedy
  2. 2 Whether damages for mental stress are recoverable in negligence
  3. 3 Whether exemplary damages are available given established categories in McGregor on Damages

Ratio Decidendi

The court struck out the impugned paragraphs: declaratory relief struck because damages provide an adequate remedy; claim for damages for mental stress struck because mental stress alone is not a basis for damages; claim for exemplary damages struck because it does not fall within recognized categories; and references to without prejudice negotiations excluded as irrelevant and likely to discourage settlement.

Court Disposition

Defendants' strike-out application allowed; specified paragraphs struck out.

Orders

  • Allow defendants' application and strike out the paragraphs as stated in the summons
  • Declaratory relief claim, claim for damages for mental stress, claim for exemplary damages and references to without prejudice negotiations are struck out/excluded