Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Strike out order

Legal area

Court

24 Mar 2023

蘇書幼 v. 律政司 AND OTHERS

Citation

[2023] HKCFI 682
Court

Court of First Instance
Case number

HCAL150/2023

The application for leave to apply for judicial review is dismissed because the impugned decision (order striking out the PI action) is not amenable to judicial review, the appropriate remedy is appeal (which is available and has been pursued), and the applicant has not raised any arguable ground with a reasonable prospect of success.
28 Jul 1983

CHENG CHEN SING v. THE QUEEN AND OTHERS

Citation

CHENG CHEN SING v. THE QUEEN AND OTHERS
Court

Court of First Instance
Case number

HCA2630/1983

The Master was correct to strike out the Statement of Claim because the plaintiff's conspiracy to maliciously prosecute claim necessarily relied on evidence given in judicial proceedings which is immune and cannot form part of a civil cause of action, and actions against the Queen were improperly framed and barred by the Crown Proceedings Ordinance including s.4(5); accordingly the Statement of Claim disclosed no reasonable cause of action and was properly struck out.