劉祖榮 對 陳淑惠

劉祖榮 對 陳淑惠

The appeal was dismissed because the statement of claim disclosed no reasonable cause of action, repeated matters already finally determined in HCA 2769 (constituting an abuse of process under Henderson v Henderson), included allegations barred by absolute privilege, and contained claims that were time‑barred or lacked any factual particulars; accordingly the claims against the defendant were struck out and costs awarded to the defendant.

Citation
[2023] HKCFI 2238
Parties
Plaintiff/appellant: Lau Cho Wing (劉祖榮); Defendant/respondent: Chen Shu Hui (陳淑惠)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2023
Case Number
HCA35/2023
Procedural Posture
Strike Out Application Appeal (rehearing) / Appeal Hearing on Rehearing
Outcome
Appeal dismissed; all claims against defendant struck out
Legal Topics
Strike Out, Res Judicata / Henderson V Henderson, Absolute Privilege, Statute of Limitations (cap.347 S4), Costs
Source Language
CH
Civil Procedure Property Law Defamation Abuse of Process Limitation Law Strike Out Res Judicata / Henderson V Henderson Absolute Privilege +2 more

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Parties

Lau Cho Wing (劉祖榮)

Plaintiff/appellant

Chen Shu Hui (陳淑惠)

Defendant/respondent

Procedural Posture

Strike Out Application Appeal (rehearing) / Appeal Hearing on Rehearing

Legal Issues

  1. 1 Whether the claimant's statement of claim discloses a reasonable cause of action
  2. 2 Whether the proceedings constitute abuse of process / re‑litigation contrary to Henderson v Henderson
  3. 3 Whether the defamation-related allegations are barred by absolute privilege

Ratio Decidendi

The appeal was dismissed because the statement of claim disclosed no reasonable cause of action, repeated matters already finally determined in HCA 2769 (constituting an abuse of process under Henderson v Henderson), included allegations barred by absolute privilege, and contained claims that were time‑barred or lacked any factual particulars; accordingly the claims against the defendant were struck out and costs awarded to the defendant.

Court Disposition

Appeal dismissed; all claims against defendant struck out

Orders

  • Appeal dismissed and statement of claim struck out as to the defendant
  • All claims against Chen Shu Hui (defendant) are dismissed