Hong Kong Case Law: Decisions & Judgments

Topic

Damages claim

Legal area

Court

21 Jul 2023

江海溥 v. 屋宇署署長 (建築事務監督)

Citation

[2023] HKCFI 882
Court

Court of First Instance
Case number

HCAL1521/2022

The application for leave to apply for judicial review is dismissed because the Repair Order has been withdrawn and the Determination has in effect lapsed making the challenge academic, and in any event none of the intended grounds disclose arguable public law errors with a realistic prospect of success given the statutory appeal mechanism and the absence of prejudice or causal loss.
18 Sept 2017

楊華偉對添朗有限公司

Citation

楊華偉對添朗有限公司
Court

District Court
Case number

DCCJ1296/2016

Court dismissed the claim because the plaintiff's evidence was not credible and insufficient to prove recurring leakage; alternatively, even if leakage had occurred, the defendant was not in breach because the tenant unreasonably obstructed inspection and repair opportunities, relieving the landlord of liability.
13 Mar 2017

RE CHAN CHI LOI

Citation

RE CHAN CHI LOI
Court

Court of First Instance
Case number

HCB8632/2006

The summons was dismissed because the Debtor failed to introduce any new facts or evidence; the issues raised had been finally determined in prior proceedings making the application res judicata and an abuse of process; accordingly s33(1)(a) was not satisfied and there was no legal basis for damages.
20 Jul 2016

藍旭鋒先生對香港政府及另一人

Citation

藍旭鋒先生對香港政府及另一人
Court

Court of First Instance
Case number

HCA1156/2015

The pleadings against the Hong Kong Government disclosed no reasonable cause of action because, even if the alleged noise/disturbance existed, the Housing Department and Police were not legally responsible for other tenants' conduct and had taken investigatory steps; the statements were frivolous/vexatious and constituted an abuse of process (including duplicative proceedings and failure to provide necessary particulars or medical evidence to support the large damages claim). Accordingly the writs/statements against the Government were strike‑out and the claims dismissed; costs were awarded t…
23 Mar 2007

YUEN OI YEE LISA v. LAI YU FAI

Citation

YUEN OI YEE LISA v. LAI YU FAI
Court

Court of Appeal
Case number

CACV285/2006

The court refused to set aside the security for costs order and dismissed the summonses because the appellant's medical certificate and assertions of potential future recoveries did not justify cancelling or delaying the security order; the proposed appeals were unmeritorious and the conduct amounted to an abuse of process.

Hong Kong Case Law

江海溥 v. 屋宇署署長 (建築事務監督)

楊華偉 對 添朗有限公司

RE CHAN CHI LOI

藍旭鋒先生 對 香港政府及另一人

YUEN OI YEE LISA v. LAI YU FAI

楊華偉對添朗有限公司

藍旭鋒先生對香港政府及另一人