RICHARD ETHAN LATKER v. CHAMKAUR SINGH

RICHARD ETHAN LATKER v. CHAMKAUR SINGH

The Statement of Claim was struck out and the action dismissed because it constituted an abuse of process and was an attempt to re-open issues conclusively decided in DCEC796/2007 and on appeal; allowing the claim would permit a backdoor attack on final judgments and is therefore impermissible.

Citation
RICHARD ETHAN LATKER v. CHAMKAUR SINGH
Parties
Plaintiff: Richard Ethan Latker; Defendant: Chamkaur Singh
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 November 2011
Case Number
DCCJ1309/2011
Procedural Posture
District Court Civil Action Strike Out Application / Ruling on Strike Out Application
Outcome
Statement of Claim struck out and action dismissed.
Legal Topics
Strike Out, Abuse of Process, Res Judicata, Perjury Allegations, Costs
Source Language
EN
Civil Procedure Employment Compensation Evidence Strike Out Abuse of Process Res Judicata Perjury Allegations Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Ethan Latker

Plaintiff

Chamkaur Singh

Defendant

Procedural Posture

District Court Civil Action Strike Out Application / Ruling on Strike Out Application

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the claim is scandalous, frivolous or vexatious
  3. 3 Whether the claim is an abuse of process / res judicata because it re-litigates matters decided in DCEC796/2007 and appeals

Ratio Decidendi

The Statement of Claim was struck out and the action dismissed because it constituted an abuse of process and was an attempt to re-open issues conclusively decided in DCEC796/2007 and on appeal; allowing the claim would permit a backdoor attack on final judgments and is therefore impermissible.

Court Disposition

Statement of Claim struck out and action dismissed.

Orders

  • Statement of Claim struck out
  • Present action dismissed