Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Relitigation/res judicata

Legal area

Court

21 Sept 2016

YUEN OI YEE LISA v. CHAROEN SIRIVADHANABHAKDI AND OTHERS

Citation

YUEN OI YEE LISA v. CHAROEN SIRIVADHANABHAKDI AND OTHERS
Court

District Court
Case number

DCCJ1914/2015

Leave to appeal was refused and the summons dismissed because the intended proceedings were a re-litigation of matters already dismissed as frivolous, vexatious and an abuse of process; under ss63/63A of the District Court Ordinance the proposed appeal had no reasonable prospect of success.
27 Aug 1999

TSANG YU v. TAI SANG CONTAINER COLD STORAGE AND WHARF LTD.

Citation

TSANG YU v. TAI SANG CONTAINER COLD STORAGE AND WHARF LTD.
Court

Court of First Instance
Case number

HCPI1048/1997

The court refused to strike out: this was not a clear case for a strike‑out for being statute‑barred or an abuse of process because the plaintiff may invoke the court's discretion under s.30 given late discovery of the defendant, and the Master’s earlier refusal to amend does not bar a fresh action where the new defendant was not a party previously.