30 Apr 1986
CHIU MING SUN v. MICHAEL MA WING AND OTHERS
- Citation
- CHIU MING SUN v. MICHAEL MA WING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3981/1985
The Statement of Claim discloses a clear abuse of the court's process and is struck out — the plaintiff's complaints amount to repeated litigation of the same subject matter and, absent sufficiently particularised and conclusive evidence that prior judgments were obtained by fraud or collusion, the wider doctrine of res judicata and limitation principles operate to defeat the claim; the material before the court did not establish special circumstances sufficient to avoid estoppel or to render the limitation defence manifestly inapplicable.