28 Feb 2018
X v. MELISSA MOWBRAY-D\'ARBELA AND ANOTHER
- Citation
- [2018] HKDC 215
- Court
- District Court
- Case number
- DCCJ3793/2016
The Board is a statutory tribunal with jurisdiction over the parties and subject matter; it reheard and finally determined the same factual and legal issues (including whether D1 disclosed the Prosecution Bundle/Timeline and whether exemptions applied). The elements of res judicata/issue estoppel are met, so the plaintiff’s claims raise issues that have been finally determined and are an abuse of process; the Statement of Claim is struck out and defendants awarded costs on an indemnity basis.