Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pleading and strike‑out
  • 19 Mar 1999

    NGUYEN TUAN CUONG AND OTHERS v. THE DIRECTOR OF IMMIGRATION

    Citation
    NGUYEN TUAN CUONG AND OTHERS v. THE DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCMP1989/1995

    Master Kwan did not err: the Statement of Claim was properly filed despite the proceedings being treated as begun by writ; the Amended Writ filed was invalid but that did not invalidate the Statement of Claim; the pleaded facts were sufficient to disclose a potential claim in false imprisonment (detention and alleged absence of lawful authority) and thus the parts of the Statement of Claim challenged should not be struck out, so the appeal was dismissed.