Hong Kong Case Law: Decisions & Judgments

Topic

Res judicata and abuse of process

Legal area

Court

16 May 2025

李鳳欣 AND ANOTHER v. HARVEST TRADE INVESTMENTS LTD

Citation

[2025] HKCFI 2004
Court

Court of First Instance
Case number

HCCT83/2024

The court refused a broad anti-arbitration injunction because there was a prima facie valid arbitration agreement and jurisdictional/procedural challenges including the institution/seat issue should be decided first by the arbitral tribunal (with court review under s34 AO available). However, the court granted a limited anti-arbitration injunction restraining the Defendant from pursuing its liquidated damages claim against the Plaintiffs in the Current Arbitration because that issue (enforceability of the liquidated damages clause) had been finally determined by the prior Beijing Award as pen…
18 Dec 2023

TO KIN WAH AND OTHERS v. TO KAM CHAU AND ANOTHER

Citation

[2023] HKCFI 3238
Court

Court of First Instance
Case number

HCA1603/2004

On the evidence the court found that the 13.05.01 and 12.08.01 meetings produced unanimous approval among those present, there was no sufficient proof of coercion, the local/customary requirement is consensus rather than absolute unanimity of all members, and the three Tso managers were validly appointed and duly registered under s15 NTO; Funds are devoted to temple maintenance (Primary Purpose) and any surplus for the benefit of present and future members (Secondary Purpose); consequently the plaintiffs' claims challenging the appointments and seeking court administration of the trusts were…
14 Mar 2023

PAN SUTONG v. CHINA CITIC BANK CORPORATION LTD, TIANJIN BRANCH AND OTHERS

Citation

[2023] HKCA 365
Court

Court of Appeal
Case number

CACV525/2021

The Court granted the Banks leave to adduce the affidavit of Leung in the postponement appeal because the evidence (creditors' meeting admitting c. HK$113.7bn) was not obtainable with reasonable diligence before the judge and was material to the premise of the appeal; directed that Silver Starlight's leave application be heard at a rolled-up combined hearing with Pan's appeals; and ordered security for costs of HK$1.5 million apportioned between the appeals with payment into court within 28 days, stayed further proceedings until payment and dismissal of appeals in default, because the appella…
14 Mar 2023

RE PAN SUTONG

Citation

[2023] HKCA 365
Court

Court of Appeal
Case number

CACV261/2022

The Court directed a combined (rolled‑up) hearing of the related appeals; it granted the Banks leave to adduce the affidavit evidence in CACV 261/2022 (postponement appeal) because the evidence was not obtainable with reasonable diligence before the judge's decision and might materially affect prospects of repayment; it ordered appellants Pan and Silver Starlight to provide security for costs in the aggregate sum of HK$1,500,000 apportioned between the four appeals, to be paid into court within 28 days, staying the appeals until payment and providing for dismissal on default, and ordered the…
15 Aug 2018

SUJAN GAZI v. TORTURE CLAIMS APPEAL BOARD

Citation

[2018] HKCA 519
Court

Court of Appeal
Case number

CACV171/2018

The appeal is dismissed and leave refused because the applicant's current application duplicated earlier grounds already refused by DHCJ Woodcock, constituting an abuse of process/res judicata, and because the Board's adverse credibility findings and DHCJ Woodcock's merits assessment demonstrated no reasonably arguable case such that leave should not be granted.
24 Apr 2018

LEE CHICK CHOI v. BEST SPIRITS CO LTD.

Citation

[2018] HKDC 445
Court

District Court
Case number

DCCJ1988/2017

The writ was struck out because it was an attempt to re-litigate claims already rejected by prior judgments and was objectively doomed to fail for want of any conceivable causal link under PDPO s66; additionally the plaintiff, being bankrupt, lacked locus without trustee consent; consequently the claim disclosed no reasonable cause of action, amounted to an abuse of process and justified dismissal with indemnity costs and the grant of an RPO to prevent further vexatious proceedings.
9 Mar 2018

KHAN ASAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2018] HKCFI 496
Court

Court of First Instance
Case number

HCAL677/2017

Leave to apply for judicial review and any extension of time were refused: the second application was barred as an abuse of process/res judicata in relation to the Director's decision; the application to judicially review the TCAB decision was refused because the applicant's delay was substantial, he gave no satisfactory explanation or supporting evidence, the TCAB decision to refuse late filing was reasonable and there was no realistic prospect of success.
28 Jul 2016

DANA SHIPPING AND TRADING SA v. SINO CHANNEL ASIA LTD

Citation

DANA SHIPPING AND TRADING SA v. SINO CHANNEL ASIA LTD
Court

Court of First Instance
Case number

HCCT47/2015

The court concluded the English court's judgment setting aside the Award was procedurally regular and should be given effect; exercising its residual discretion, the Hong Kong court declined to enforce the Award and set aside the Enforcement Order, Mareva injunction and Security Order, and ordered withdrawal of garnishee and statutory demand; Sino's second application was not abuse of process given the English judgment constituted a material change of circumstances but Sino's conduct affected costs.
22 Jul 2015

HO CHEE SING JAMES v. SECRETARY FOR JUSTICE

Citation

HO CHEE SING JAMES v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCA2161/2012

The amended statement of claim (ASOC), except for parts relating to recovery under Prisons Ordinance s20C(4), discloses no reasonable cause of action because the monetary claims arise from breaches of the employment contract and fall within the Labour Tribunal's exclusive jurisdiction; BoRO/Article 10 does not create an independent private tort for constitutional damages and provides remedies within existing jurisdictions (eg appeal or judicial review); prior Tribunal proceedings and legal authorities establish civil servants' contracts and bar re-litigation; accordingly the ASOC (save limite…
15 Apr 2015

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

Citation

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD
Court

District Court
Case number

DCCJ2263/2013

Court struck out specified paragraphs of the defendant's July Defence as abuse of process and frivolous for re-litigating issues decided or properly to be decided in the earlier Contract Action or the Appeal Action; it refused to allow numerous proposed amendments that were immaterial, evidential or amounted to abuse of process, but allowed other amendments that were relevant and properly pleaded; the defendant's applications for security under Order 2 r 3 and for rescission/rectification/restitution on interlocutory summons were refused; costs follow the event and costs nisi were ordered aga…