Hong Kong Case Law: Decisions & Judgments

Topic

Scandalous pleading

Legal area

Court

10 Dec 2019

CHAN SHING CHOI AND ANOTHER v. KOO MOO YU AND OTHERS

Citation

[2019] HKCFI 2995
Court

Court of First Instance
Case number

HCA2271/2017

The Offending Part of para 10 was struck out because it comprised scandalous, wide‑ranging and unevidenced allegations that were irrelevant to the pleaded issues, lacked particulars, and would prejudice, embarrass or delay a fair trial; the Respondents' Notice of Cross-Appeal was dismissed as misconceived since there was no appealable order and appeals from a Master are by way of rehearing.
29 Aug 2008

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

Citation

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS
Court

Court of First Instance
Case number

HCA2654/2007

The impugned paragraphs were struck out because the alleged separate misconduct by the 2nd Plaintiff was irrelevant to the pleaded causes of action, excessive and embarrassing as mere background or evidence of credit; inclusion would prejudice the fair trial by raising irrelevant issues, causing expense and delay, and consolidation with a separate action is not a justification to retain otherwise improper pleading at this stage.
15 Jul 2005

LIU CHUN KOW JOE v. LEE SAU WING

Citation

LIU CHUN KOW JOE v. LEE SAU WING
Court

Court of First Instance
Case number

HCPI399/2001

The court held the challenged paragraphs improperly pleaded evidence, credibility submissions and immaterial allegations of withholding; absent an express pleaded case of fraud or malingering with particulars the material was scandalous and liable to prejudice, embarrass or delay the fair assessment of damages, therefore the Master's strike out and removal of 663 pages from the Assessment Bundle were correct and must be upheld.

Hong Kong Case Law

CHAN SHING CHOI AND ANOTHER v. KOO MOO YU AND OTHERS

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

LIU CHUN KOW JOE v. LEE SAU WING