Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Particularity of fraud allegations

Legal area

Court

11 Jun 2003

CHOY BING WING v. OFFICIAL RECEIVER & TRUSTEE OF NG YAT CHI, DISCHARGED BANKRUPT AND ANOTHER

Citation

CHOY BING WING v. OFFICIAL RECEIVER & TRUSTEE OF NG YAT CHI, DISCHARGED BANKRUPT AND ANOTHER
Court

Court of First Instance
Case number

HCA667/2003

The Statement of Claim discloses no reasonable cause of action because it seeks to relitigate final costs orders that are res judicata and attacks are impermissible absent proper appeal; fraud allegations are not particularised as required; the claim is an abuse of process and must be struck out; a Grepe v. Loam order is justified to prevent further abuse; indemnity costs are appropriate against an experienced litigant who persisted in unmeritorious relitigation.
4 Jun 1982

MARQUIS TRADING CO (a firm) AND OTHERS v. ASSOCIATED BANKERS INSURANCE CO LTD AND OTHERS

Citation

MARQUIS TRADING CO (a firm) AND OTHERS v. ASSOCIATED BANKERS INSURANCE CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV83/1981

Re-amendment permitting broad new allegations of scuttling and conspiracy to defraud was disallowed because the pleaded particulars were woefully insufficient to meet the strict requirement for particularity in fraud allegations, notwithstanding that lateness alone is not decisive; however, the striking out of paragraph 7 (no bona fide loss) was properly upheld for want of particulars, and the judge's discretionary order for ship's papers was properly made and is to stand.