29 Jul 1999
FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO. v. CHIEF BAILIFF OF THE HIGH COURT
- Citation
- FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO. v. CHIEF BAILIFF OF THE HIGH COURT
- Court
- Court of Appeal
- Case number
- CACV141/1998
The appeal is dismissed because the claim was brought against an office or an unidentified defendant rather than a legally identifiable individual; actions in tort for acts done in execution of judicial process cannot be brought against the Crown under s.4(5) Crown Proceedings Ordinance; the statutory scheme (s.38A and rules) contemplates execution by bailiff or assistant bailiffs and does not support personal liability of a named 'Chief Bailiff' absent proof of procurement, authorization or control; additionally the plaintiff failed to prove title at seizure and the alleged loss flowed from…