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

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

The appeal is dismissed because the statement of claim disclosed no reasonable cause of action against the first defendant, amounted to a collateral attack on final determinations in earlier proceedings and was scandalous, frivolous and vexatious constituting abuse of process; consequently the strike-out order was...

Source-derived case information.

Citation
[2020] HKCFI 125
Parties
Plaintiff: Sum Yee Ming; First Defendant: The Manufacturers Life Insurance Company; Second Defendant: 中國(香港)特別行政區政府
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 January 2020
Case Number
HCA837/2019
Procedural Posture
Civil Jurisdiction (strike Out Appeal) / Appeal
Outcome
Appeal dismissed; strike-out order upheld
Legal Topics
Strike Out, No Reasonable Cause of Action, Collateral Attack, Vexatious Litigation, Costs Assessment
Source Language
ch
Civil Procedure Abuse of Process Res Judicata Insurance Law Costs Strike Out No Reasonable Cause of Action Collateral Attack +2 more

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Parties

Sum Yee Ming

Plaintiff

The Manufacturers Life Insurance Company

First Defendant

中國(香港)特別行政區政府

Second Defendant

Procedural Posture

Civil Jurisdiction (strike Out Appeal) / Appeal

Legal Issues

  1. 1 Whether the statement of claim disclosed a reasonable cause of action against the first defendant
  2. 2 Whether the proceedings constituted a collateral attack on prior final judgments and therefore an abuse of process
  3. 3 Whether the pleadings were scandalous, frivolous or vexatious

Ratio Decidendi

The appeal is dismissed because the statement of claim disclosed no reasonable cause of action against the first defendant, amounted to a collateral attack on final determinations in earlier proceedings and was scandalous, frivolous and vexatious constituting abuse of process; consequently the strike-out order was upheld and indemnity costs were ordered with directions for the bill of costs and response deadlines.

Court Disposition

Appeal dismissed; strike-out order upheld

Orders

  • Appeal dismissed
  • Appellant to pay first defendant's costs; costs to be assessed summarily on an indemnity basis