Hong Kong Case Law: Decisions & Judgments

Topic

Abuse of process/res judicata

Legal area

Court

4 Jun 2020

SUJAN MOHAMMED v. GREGORY BROCK, ESQ, TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2020] HKCFI 1034
Court

Court of First Instance
Case number

HCAL429/2018

The second leave application was struck out because it was an abuse of process: the same grounds had been previously considered and refused (no arguable grounds or realistic prospect of success), the applicant failed to disclose the prior refusal when filing the second application, and the Board's adverse credibility findings and assessment of COI, state protection and internal relocation were rational and did not evidence procedural unfairness or error of law.
5 Sept 2017

GREAT STRATEGY PROPERTIES LTD AND ANOTHER v. WONG WAI (GEORGE) AND OTHERS

Citation

GREAT STRATEGY PROPERTIES LTD AND ANOTHER v. WONG WAI (GEORGE) AND OTHERS
Court

Court of First Instance
Case number

HCA962/2015

The court held that the consent order did not operate as a statutory release under s205 because the order was made pursuant to s200(5) and the court had deleted s205 from the draft; accordingly the release argument failed. The claim in HCA960/2015 (Wah Nam) was struck out and dismissed on the ground that it impermissibly sought reflective loss. HCA962/2015 (claims by Great Strategy and Crystal Services) was not struck out because those plaintiffs asserted direct losses distinct from reflective loss, pleadings could be amended where defective, limitation and attribution issues were not appropr…
29 Apr 2010

WONG TSZ YUK v. 香港警務處長鄧竟成先生及律政司司長

Citation

WONG TSZ YUK v. 香港警務處長鄧竟成先生及律政司司長
Court

Court of First Instance
Case number

HCA1699/2008

The notice of appeal was issued outside the 14-day statutory period and no sufficient reason exists to enlarge time; the jury trial application is refused because the issues raise mixed law and fact, complexity and risk given the plaintiff is in person; the striking out application is procedurally misconceived and res judicata; accordingly the application is refused and costs are awarded to the defendants with summary assessment directions.
26 Aug 2009

LAM MOON YUEN v. KIN MING HOLDINGS INTERNATIONAL LTD

Citation

LAM MOON YUEN v. KIN MING HOLDINGS INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA216/2008

The court refused to strike out: it held the plaintiff's pleaded oral collateral agreement and extended meaning of 'Lot A4' were at least arguable; clause 8 was not necessarily an entire agreement clause; clause 6.2 did not inevitably effect automatic termination without repayment/tender; the factual matrix (including the 21 July 2004 memorandum and 26 July 2004 letter) permitted the plaintiff to argue revival under clause 7.1; pleaded facts were sufficient to permit an arguable claim that fiduciary duties arose; prior foreign/Mainland proceedings did not dispose of the merits and the claim w…
8 Feb 2005

F v. F

Citation

F v. F
Court

Family Court
Case number

FCMC11295/2001

The husband must disclose the trust deeds, the classes and names of beneficiaries and the trusts' accounts for the last three years because those documents are relevant to ancillary relief, are within his power to obtain from trustees (trustees owe beneficiaries a duty to provide such information), there has been a material change since trustees' identities became known, and the earlier consent order did not decide the merits nor preclude a fresh discovery order; application not an abuse of process.

Hong Kong Case Law

SUJAN MOHAMMED v. GREGORY BROCK, ESQ, TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

GREAT STRATEGY PROPERTIES LTD AND ANOTHER v. WONG WAI (GEORGE) AND OTHERS

WONG TSZ YUK v. 香港警務處長鄧竟成先生及律政司司長

LAM MOON YUEN v. KIN MING HOLDINGS INTERNATIONAL LTD

F v. F