T 對 司法機構

T 對 司法機構

The claim was rightly struck out because it in substance targets judicial acts protected by judicial immunity, discloses no reasonable cause of action and is frivolous/abusive; the asserted employer‑employee route under s48(1) DDO and reliance on O'Brien do not negate judicial immunity; consequently there is no real...

Source-derived case information.

Citation
[2019] HKCA 79
Parties
Applicant: T; Respondent: Judiciary of the Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 January 2019
Case Number
CAMP127/2018
Procedural Posture
Permission to Appeal Against Strike‑out of Discrimination Claim / Application for Permission to Appeal (leave Application)
Outcome
Permission to appeal refused; strike‑out and costs orders of the primary judge upheld; interim costs fixed at HKD 10,087 to become final absent variation application
Legal Topics
Judicial Immunity, Strike Out / Abuse of Process, Employer Liability Under Disability Discrimination Ordinance, Leave to Appeal Threshold
Source Language
ch
Civil Procedure Employment Law Anti‑discrimination Law Public Law Judicial Immunity Strike Out / Abuse of Process Employer Liability Under Disability Discrimination Ordinance Leave to Appeal Threshold

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Parties

T

Applicant

Judiciary of the Hong Kong Special Administrative Region

Respondent

Procedural Posture

Permission to Appeal Against Strike‑out of Discrimination Claim / Application for Permission to Appeal (leave Application)

  1. 1 Whether the claimant's claim against the Judiciary is effectively a claim against judges for acts in their judicial capacity and thus barred by judicial immunity
  2. 2 Whether s48(1) of the Disability Discrimination Ordinance creates employer liability of the Judiciary for acts of judges
  3. 3 Whether the claim discloses a reasonable cause of action or is frivolous, vexatious or an abuse of process warranting strike‑out

Ratio Decidendi

The claim was rightly struck out because it in substance targets judicial acts protected by judicial immunity, discloses no reasonable cause of action and is frivolous/abusive; the asserted employer‑employee route under s48(1) DDO and reliance on O'Brien do not negate judicial immunity; consequently there is no real prospect of success and permission to appeal is refused under s63A(2) Cap.336.

Court Disposition

Permission to appeal refused; strike‑out and costs orders of the primary judge upheld; interim costs fixed at HKD 10,087 to become final absent variation application

Orders

  • Permission to appeal refused under District Court Ordinance (Cap.336) s63A(2)
  • Original order striking out the claim and dismissing the claimant's proceedings upheld