LEUNG KWAI LING, L v. STEPHEN CHAN AND ANOTHER

LEUNG KWAI LING, L v. STEPHEN CHAN AND ANOTHER

The court struck out the Statements of Claim in Actions A, B, D, E and F and dismissed those claims (Action C was previously struck out) because the plaintiff's claims in substance re-litigated matters finally determined by the Labour Tribunal (res judicata), were time-barred by the six-year limitation, and the pleaded defamation and misfeasance claims lacked the necessary evidence of malice to overcome qualified or absolute privilege. Given the persistent, abusive re-litigation and voluminous misconceived applications, a Restricted Proceedings Order was a proportionate remedy.

Citation
LEUNG KWAI LING, L v. STEPHEN CHAN AND ANOTHER
Parties
Plaintiff (common to Actions a F): Leung Kwai Ling; 1st Named Defendant (action A): Carmel Chow; 1st Named Defendant (action B): Lee Chun Sang (Francis); Defendant (action C) and 2nd Named Defendant (actions A,b,d,e,f): ICAC (Independent Commission Against Corruption); 1st Named Defendant (action D): Stephen Chan; 1st Named Defendant (action E): Gilman Leung; 1st Named Defendant (action F): George Yiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2012
Case Number
HCA194/2012
Procedural Posture
Civil Actions (defamation, Employment, Tort Claims) / Applications Hearing — Strike Out and Restricted Proceedings Order (rpo) Decision
Outcome
Claims in Actions A, B, D, E and F struck out and dismissed; Action C previously struck out; Restricted Proceedings Orders granted in respect of all six actions; all other summonses dismissed; costs ordered nisi against plaintiff in favour of ICAC
Legal Topics
Strike Out, Res Judicata, Restricted Proceedings Order, Limitation, Vicarious Liability, Misfeasance in Public Office, Qualified Privilege, Malice, Abuse of Process
Source Language
EN
Defamation Employment Law Tort Civil Procedure Public Law Administrative Law Strike Out Res Judicata +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Leung Kwai Ling

Plaintiff (common to Actions a F)

Carmel Chow

1st Named Defendant (action A)

Lee Chun Sang (Francis)

1st Named Defendant (action B)

ICAC (Independent Commission Against Corruption)

Defendant (action C) and 2nd Named Defendant (actions A,b,d,e,f)

Stephen Chan

1st Named Defendant (action D)

Gilman Leung

1st Named Defendant (action E)

George Yiu

1st Named Defendant (action F)

Procedural Posture

Civil Actions (defamation, Employment, Tort Claims) / Applications Hearing — Strike Out and Restricted Proceedings Order (rpo) Decision

Legal Issues

  1. 1 Whether claims relating to termination amount to re-litigation barred by res judicata
  2. 2 Whether pleaded defamation claims can stand given qualified privilege and absence of malice
  3. 3 Whether claims are time-barred by limitation

Ratio Decidendi

The court struck out the Statements of Claim in Actions A, B, D, E and F and dismissed those claims (Action C was previously struck out) because the plaintiff's claims in substance re-litigated matters finally determined by the Labour Tribunal (res judicata), were time-barred by the six-year limitation, and the pleaded defamation and misfeasance claims lacked the necessary evidence of malice to overcome qualified or absolute privilege. Given the persistent, abusive re-litigation and voluminous misconceived applications, a Restricted Proceedings Order was a proportionate remedy.

Court Disposition

Claims in Actions A, B, D, E and F struck out and dismissed; Action C previously struck out; Restricted Proceedings Orders granted in respect of all six actions; all other summonses dismissed; costs ordered nisi against plaintiff in favour of ICAC

Orders

  • Strike out the Statement of Claim or Amended Statement of Claim against the ICAC and dismiss the plaintiff's claim in Actions A, B, D, E and F
  • Confirm prior striking out of Action C (no restoration)