Sami\'an Sutinah v. Katrina Leung Wai Kuen and Another

Sami\'an Sutinah v. Katrina Leung Wai Kuen and Another

The 1st defendant's defence was struck out because the criminal convictions for the assaults conclusively established the facts relied upon by the plaintiff such that no reasonable defence could be pleaded; accordingly judgment was entered for the plaintiff with damages to be assessed and costs awarded to the plaintiff.

Citation
Sami\'an Sutinah v. Katrina Leung Wai Kuen and Another
Parties
Plaintiff: Sami an Sutinah; 1st Defendant: Katrina Leung Wai-kuen; 2nd Defendant: QBE Hongkong and Shanghai Insurance Limited (formerly Hongkong & Shanghai Insurance Company Limited)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 May 2002
Case Number
DCPI22/2002
Procedural Posture
Personal Injuries Action / Ruling Under Order 18 Rule 19 Striking Out Defence; Judgment for Plaintiff; Damages to Be Assessed; Pre Trial Directions Issued
Outcome
Strike out of 1st defendant's defence; judgment entered for plaintiff; damages to be assessed; costs awarded to plaintiff to be taxed on party and party basis and subject to Legal Aid taxation.
Legal Topics
Assault, Strike Out of Defence, Use of Criminal Conviction in Civil Proceedings, Assessment of Damages, Costs and Taxation
Source Language
EN
Personal Injury Civil Procedure Criminal Evidence Estoppel Assault Strike Out of Defence Use of Criminal Conviction in Civil Proceedings Assessment of Damages Costs and Taxation

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Parties

Sami an Sutinah

Plaintiff

Katrina Leung Wai-kuen

1st Defendant

QBE Hongkong and Shanghai Insurance Limited (formerly Hongkong & Shanghai Insurance Company Limited)

2nd Defendant

Procedural Posture

Personal Injuries Action / Ruling Under Order 18 Rule 19 Striking Out Defence; Judgment for Plaintiff; Damages to Be Assessed; Pre Trial Directions Issued

Legal Issues

  1. 1 Whether the 1st defendant's defence discloses a reasonable defence
  2. 2 Whether the plaintiff can rely on the criminal convictions to preclude defence in civil proceedings
  3. 3 Appropriate procedural orders and costs following strike out

Ratio Decidendi

The 1st defendant's defence was struck out because the criminal convictions for the assaults conclusively established the facts relied upon by the plaintiff such that no reasonable defence could be pleaded; accordingly judgment was entered for the plaintiff with damages to be assessed and costs awarded to the plaintiff.

Court Disposition

Strike out of 1st defendant's defence; judgment entered for plaintiff; damages to be assessed; costs awarded to plaintiff to be taxed on party and party basis and subject to Legal Aid taxation.

Orders

  • Defences of the 1st defendant struck out under Order 18 rule 19
  • Judgment entered for the plaintiff; damages to be assessed