10 Jun 2021
TANG SUM MOON AND ANOTHER v. FUNG CHUI LIN AND OTHERS
- Citation
- [2021] HKCFI 1734
- Court
- Court of First Instance
- Case number
- HCA32/2020
The indorsement failed to comply with Order 6 r 2 and was issued to stop the limitation period, amounting to an abuse of process; the court has power under Order 18 r 19 to strike out pleadings on its own motion; the statement of claim exceeded the writ contrary to Order 18 r 15(2); plaintiffs conceded a reasonably arguable limitation defence, therefore the indorsement and statement of claim as against the 3rd and 4th defendants are struck out and the action dismissed against them with costs assessed.