Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial review vs private law remedy
  • 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…