Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Multiple recovery

  • 4 Jun 2004

    YUEN OI YEE LISA v. CHAN KEUNG

    Citation
    YUEN OI YEE LISA v. CHAN KEUNG
    Court
    District Court
    Case number
    DCCJ7185/2003

    Court found the multiplicity of separate District Court actions constituted an abuse of process because they were instituted to obtain collateral advantage and to aggravate defendants' costs and coerce Heath into settling large claims; because the plaintiff had a prima facie cause of action, the proper remedy was not dismissal but a stay to permit consolidation with related proceedings and directions for proper conduct; costs of the stay application were ordered to be paid forthwith with certificate for counsel but not on indemnity basis in this instance.

  • 4 Jun 2004

    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

    The court found the plaintiff had abused the process by instituting multiple separate actions to obtain collateral advantages (apologies/evidence for use against Heath and to re‑open an inquiry) and to aggravate defendants' costs to coerce settlement; because there was a prima facie cause of action the proper remedy was a stay (not dismissal) limited to permitting an application for consolidation; plaintiff ordered to pay defendants' costs with certificate for counsel to be taxed and paid forthwith.