29 Mar 2021
黃碩雄 對 吳美玲暫委法官及另一人
- Citation
- [2021] HKCFI 774
- Court
- Court of First Instance
- Case number
- HCA2409/2019
The statement of claim was struck out because it plainly and obviously disclosed no reasonable cause of action: it relied on criminal statutory provisions that do not create civil causes of action, the complaints challenged judicial acts protected by immunity under Basic Law Art 85, the High Court is not a legal person that can be sued, and the pleading could not be remedied by amendment; the summary judgment application was dismissed as premature given the court had extended time for filing defences; costs were awarded to defendants to be assessed.