SUM YEE MING 對 THE MANUFACTURERS LIFE INSURANCE CO 及另一人

SUM YEE MING 對 THE MANUFACTURERS LIFE INSURANCE CO 及另一人

The court struck out the plaintiff's claim as it disclosed no reasonable cause of action against the Government for alleged judicial acts, was an abuse of process and frivolous, and aspects were time-barred; additionally procedural prerequisites for default judgment were not met. Consequently the statement of claim...

Source-derived case information.

Citation
[2019] HKCFI 2647
Parties
Plaintiff: Sum Yee Ming; First Defendant: The Manufacturers Life Insurance Company; Second Defendant: 香港特別行政區政府
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2019
Case Number
HCA837/2019
Procedural Posture
Civil / Strike Out Application (interlocutory)
Outcome
Statement of claim against the second defendant and the proceedings (including plaintiff's 16 September 2019 application) struck out; plaintiff ordered to pay the second defendant's costs to be summarily assessed.
Legal Topics
Strike Out, Abuse of Process, Official Immunity, Limitation, Psychiatric Damages, Procedural Default
Source Language
ch
Civil Procedure Public Law Tort Contract Strike Out Abuse of Process Official Immunity Limitation +2 more

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Parties

Sum Yee Ming

Plaintiff

The Manufacturers Life Insurance Company

First Defendant

香港特別行政區政府

Second Defendant

Procedural Posture

Civil / Strike Out Application (interlocutory)

Legal Issues

  1. 1 Whether the claim disclosed any reasonable cause of action against the Government for alleged judicial misconduct and sought remedies barred by law
  2. 2 Whether the proceedings constituted an abuse of process, frivolous or vexatious litigation meriting strike-out under Order 18 r19
  3. 3 Whether the claim against judicial officers or the Government for acts of a judicial nature is barred by statute (official immunity)

Ratio Decidendi

The court struck out the plaintiff's claim as it disclosed no reasonable cause of action against the Government for alleged judicial acts, was an abuse of process and frivolous, and aspects were time-barred; additionally procedural prerequisites for default judgment were not met. Consequently the statement of claim and proceedings against the second defendant were dismissed and costs were awarded to the defendant with specified time limits for assessment and payment.

Court Disposition

Statement of claim against the second defendant and the proceedings (including plaintiff's 16 September 2019 application) struck out; plaintiff ordered to pay the second defendant's costs to be summarily assessed.

Orders

  • Strike out the plaintiff's statement of claim against the second defendant and strike out these proceedings, including the plaintiff's 16 September 2019 application.
  • Plaintiff to pay the second defendant's costs to be assessed summarily.