Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Strike out under order 18 rule 19 (cap.4a)
  • 14 May 2026

    鍾玲 對 簡兆祺及另六人

    Citation
    [2026] HKCA 944
    Court
    Court of Appeal
    Case number
    CACV471/2024

    The appellate court held there was no error in the lower judge's exercise of discretion. The appellant's claims against the first defendant were previously resolved in DCCJ 2617/2016 and therefore abusive; claims against the second defendant were derivative and should have been raised earlier (Henderson v Henderson); claims against the housing authority lacked factual basis as the penalty period had expired and the appellant remained in occupation. Accordingly the strike‑out was upheld and costs awarded to the respondents in quantified amounts.