Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Secondary victim/psychiatric harm

Legal area

Court

22 Mar 2021

X 對聖若瑟英文書院法團校董會及另一人

Citation

[2021] HKDC 336
Court

District Court
Case number

DCCJ1825/2018

The court found all five claims disclosed no reasonable cause of action: the discrimination claim failed to plead the statutory elements required to show less favourable treatment on grounds of sex or disability; the four civil claims sought damages for harms suffered by the child and the mother advanced no recognized legal basis for personal recovery (no secondary‑victim or other applicable tort); the pleadings were vague, incoherent in parts, and the litigation conduct and repeated filings constituted frivolous, vexatious and abusive use of court process. Therefore all claims were struck ou…
22 Mar 2021

X 對聖若瑟英文書院法團校董會

Citation

[2021] HKDC 336
Court

District Court
Case number

DCEO1/2018

Claims were struck out because the discrimination claims failed to plead the necessary statutory elements and did not disclose treatment of the plaintiff as the protected class, the civil claims were brought by the parent for harms to the child without a recognised tortious basis for parental psychiatric injury, and cumulatively the proceedings were frivolous/vexatious and an abuse of court process under Rules Order 18 r19.