Hong Kong Case Law: Decisions & Judgments

Topic

Abuse of process (henderson)

Legal area

Court

28 Apr 2025

CHING CHUNG YIN SECINA in her capacity as the executrix of the estate of CHING CHI SAU, deceased v. CHING CHUNG KAM ANDREW in his capacity as the executor of the estate of CHING CHI SAU, deceased

Citation

[2025] HKDC 722
Court

District Court
Case number

DCCJ2920/2023

Both variation summonses dismissed and the costs order nisi stands: Defendant to pay 70% of Plaintiff's costs of the striking out appeal (exclusive of the New Evidence Summons) and 40% of Plaintiff's costs of the New Evidence Summons, both forthwith with certificate for counsel and to be taxed if not agreed; no order as to costs of the Striking Out Summons. The Court reached this result after assessing actual work done, rejecting competing percentage submissions as unsupported, and assigning adverse costs consequences to Defendant for deploying ambush tactics that materially prejudiced Plaint…
11 Mar 2025

CORNELIS PIETER ALEXANDER v. KD CONCEPT LTD AND ANOTHER

Citation

[2025] HKDC 394
Court

District Court
Case number

DCCJ5717/2021

The Summons was dismissed because the court could not vary a sealed Security Order (functus officio) and the Variation Application was an abuse of process; the Extension Application failed because the unless order had already taken effect and no relief from sanction was sought as required by the rules, and granting an extension would prejudice trial management; the Discovery Application failed because the Plaintiff’s claim had been dismissed by the unless order and the register was no longer relevant and the application was made late in any event.
7 Mar 2025

WELLY GRACE LTD AND OTHERS v. KEUNG YEE MAN AND OTHERS

Citation

[2025] HKCFI 956
Court

Court of First Instance
Case number

HCA649/2023

The application was allowed because the consent injunction did not embody a binding contractual bargain immune from variation (the 9th Defendant had not genuinely contested the injunction), the order was expressly subject to further court order, the proposed payment into court is benign and preserves plaintiffs' recourse so is not abusive, and there was no significant prejudice to plaintiffs; costs were ordered to plaintiffs to pay the 9th Defendant HK$60,000 (summary assessment).
9 Sept 2020

S v. G

Citation

[2020] HKCFI 2201
Court

Court of First Instance
Case number

HCMP1154/2019

The OS was dismissed because it had been overtaken by events after the Tribunal's jurisdictional decision and award; the declaratory relief sought would not serve a useful purpose in Hong Kong or would be merely advisory to foreign enforcement proceedings; res judicata/issue estoppel did not apply because arbitration law permits the Plaintiff to challenge the award in the supervisory courts (PRC) or resist enforcement elsewhere and the Tribunal was not agreed to be the final determiner of arbitrability; Henderson abuse was not made out; the costs claim could not be fairly determined on the or…
5 Dec 2019

BEST YEAR ENTERPRISES LTD (in liquidation) AND ANOTHER v. POWER SECURITIES CO LTD (formerly known as JUN YANG SECURITIES CO LTD) AND ANOTHER

Citation

[2019] HKCFI 2920
Court

Court of First Instance
Case number

HCA1071/2019

On the pleadings taken at their highest, Sin's alleged losses are merely reflective of losses suffered by Best Year and/or EPL (the companies that held the First Credit shares) and therefore the claims are barred by the doctrine against recovery of reflective loss; the post-loss sale of Sin's company shares does not convert reflective loss into a distinct personal loss capable of recovery; moreover Sin is in privity with Best Year such that earlier summary judgment and related litigation give rise to res judicata and Henderson abuse of process; accordingly the counterclaim (RADCC) and the sta…

Hong Kong Case Law

CHING CHUNG YIN SECINA in her capacity as the executrix of the estate of CHING CHI SAU, deceased v. CHING CHUNG KAM ANDREW in his capacity as the executor of the estate of CHING CHI SAU, deceased

CORNELIS PIETER ALEXANDER v. KD CONCEPT LTD AND ANOTHER

WELLY GRACE LTD AND OTHERS v. KEUNG YEE MAN AND OTHERS

S v. G

BEST YEAR ENTERPRISES LTD (in liquidation) AND ANOTHER v. POWER SECURITIES CO LTD (formerly known as JUN YANG SECURITIES CO LTD) AND ANOTHER