19 Dec 2006
HARVEST GOOD DEVELOPMENT LTD v. SECRETARY FOR JUSTICE AND OTHERS
- Citation
- HARVEST GOOD DEVELOPMENT LTD v. SECRETARY FOR JUSTICE AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAL32/2006
The Basic Law challenge was available in the earlier private action and the applicant's failure to raise it there means litigating the same substantive issue now against the 2nd and 3rd respondents would be an abuse of process (re-litigation/res judicata); accordingly claims against those directly affected private respondents are struck out and they are disjoined. Other interlocutory grounds (vexatiousness and non-disclosure) were not made out and substantive questions including retrospectivity and third-party liability remain for full hearing if necessary.