Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Implied undertaking rule

Legal area

Court

20 Jul 2005

YUEN OI YEE, LISA v. CHIU WING WAH, WILSON

Citation

YUEN OI YEE, LISA v. CHIU WING WAH, WILSON
Court

District Court
Case number

DCCJ7080/2003

The court applied the implied undertaking rule and the principle of absolute immunity to documents and information supplied to the EOC, concluded the plaintiff could not lawfully use the EOC‑supplied complaint letter and related e‑mails in collateral defamation or malicious falsehood proceedings, found the fresh Statements of Claim disclosed no reasonable cause of action and were frivolous, vexatious and an abuse of process, and therefore struck out and dismissed the Writs of Summons and Statements of Claim and awarded costs to the defendants.
20 Jul 2005

YUEN OI YEE, LISA v. KU LAI CHIU, CINDY AND OTHERS

Citation

YUEN OI YEE, LISA v. KU LAI CHIU, CINDY AND OTHERS
Court

District Court
Case number

DCCJ7184/2003

Documents and responses supplied to the Equal Opportunities Commission are subject to an implied undertaking and attract absolute immunity from suit for defamation and malicious falsehood; the plaintiff's fresh pleadings relied on EOC materials and/or advanced inconsistent after‑the‑event assertions, and the pattern of multiple actions and correspondence demonstrated an abuse of process and frivolous, vexatious claims. Therefore the Statement of Claim and writs were struck out and dismissed and costs awarded to defendants.