Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prior settlement/res judicata
  • 29 Aug 2022

    陳財燈 對 唯一冷熱水壺廠有限公司

    Citation
    [2022] HKDC 873
    Court
    District Court
    Case number
    DCCJ1211/2021

    The judge exercised discretion to refuse leave because the applicant failed to show any legal error or serious factual error in the earlier decision, the delay was not a material consideration given the merits assessment, the applicant’s allegations (including alleged fabrication) did not demonstrate fraudulent conduct sufficient to overturn the decision, and the substantive issues had been addressed in prior tribunal settlement; therefore the leave application had no realistic prospect of success and was dismissed with costs.