10 Oct 2024
CHUI OI YING, suing by her next friend and son CHEUNG SAI MAN v. CHEUNG SHUNG PING AND ANOTHER
- Citation
- [2024] HKCFI 2728
- Court
- Court of First Instance
- Case number
- HCMP1229/2023
The originating summons was dismissed as an abuse of process because it sought relief in respect of the same subject matter as the previous proceedings and was expressly barred by the 2nd Consent Order; the plaintiff cannot evade the agreed condition barring subsequent claims against the 1st defendant on that subject matter. Further, CSM, acting as next friend and relying on an EPOA, lacks the automatic court authorisation and costs protection that a Part II committee would have, so potential personal costs exposure is properly reserved and directions given for adjudication.