7 Sept 2004
WONG TAI WAI DAVID v. THE HONG KONG SAR GOVERNMENT
- Citation
- WONG TAI WAI DAVID v. THE HONG KONG SAR GOVERNMENT
- Court
- Court of Appeal
- Case number
- CACV19/2003
The Court allowed the appeal in CACV 247/2003 because, for the limited purpose of a strike‑out application, the statement of claim must be read assuming the pleaded facts true and, on that basis, the allegations disclosed arguable causes of action in harassment, intentional/reckless infliction of emotional distress, negligence and human rights infringement; the judge below erred in striking out on the 'no reasonable cause of action' basis without addressing these arguable causes and the respondent did not lodge a respondent's notice to uphold alternative grounds.