吳崇旭 對 黃梅明及另一人

吳崇旭 對 黃梅明及另一人

The statement of claim failed to disclose a reasonable cause of action and lacked essential particulars rendering it impossible for defendants to prepare a defence; the defects were incurable and the pleading was frivolous, vexatious and an abuse of process; accordingly under District Court Order No.18 r.19(1)(a),(b),(c) and (d) the court struck out the writ/particulars against both defendants and dismissed the action (the court exercised the power on the defendant's application and also acted sua sponte to remove claims against the first defendant).

Citation
[2021] HKDC 998
Parties
原告人: 吳崇旭; 第一被告人: 黃梅明; 第二被告人: 陳燕芳
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 August 2021
Case Number
DCCJ476/2021
Procedural Posture
Civil Claim / Strike Out Application Under District Court Order No.18 R.19
Outcome
Statement of claim struck out and action dismissed
Legal Topics
Strike Out, Abuse of Process, Reasonable Cause of Action, Frivolous and Vexatious Pleadings, Child Custody
Source Language
CH
Civil Procedure Family Law Tort Strike Out Abuse of Process Reasonable Cause of Action Frivolous and Vexatious Pleadings Child Custody

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Parties

吳崇旭

原告人

黃梅明

第一被告人

陳燕芳

第二被告人

Procedural Posture

Civil Claim / Strike Out Application Under District Court Order No.18 R.19

Legal Issues

  1. 1 Whether the statement of claim disclosed a reasonable cause of action
  2. 2 Whether the statement of claim was frivolous, vexatious or an abuse of court process
  3. 3 Whether defects in the pleading were incurable and prejudicial to a fair trial

Ratio Decidendi

The statement of claim failed to disclose a reasonable cause of action and lacked essential particulars rendering it impossible for defendants to prepare a defence; the defects were incurable and the pleading was frivolous, vexatious and an abuse of process; accordingly under District Court Order No.18 r.19(1)(a),(b),(c) and (d) the court struck out the writ/particulars against both defendants and dismissed the action (the court exercised the power on the defendant's application and also acted sua sponte to remove claims against the first defendant).

Court Disposition

Statement of claim struck out and action dismissed

Orders

  • 該狀書被剔除
  • 本訴訟被撤銷