16 Jan 2003
CHUN YIP CONSTRUCTION CO. LTD. v. E. BON BUILDING MATERIALS CO. LTD.
- Citation
- CHUN YIP CONSTRUCTION CO. LTD. v. E. BON BUILDING MATERIALS CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT77/2002
Yat Tung is binding on this court; the wider doctrine of res judicata prohibits later litigation of matters that could and should have been raised in earlier proceedings absent special circumstances; the counterclaim/set-off and facts were available and fundamental to the earlier District Court proceedings and no special circumstances were shown; accordingly the statement of claim is an abuse of process and must be struck out and the action dismissed.