Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Strike-out for failure to disclose reasonable cause
  • 22 Mar 2024

    莊健君 對 社會福利署署長

    Citation
    [2024] HKCA 297
    Court
    Court of Appeal
    Case number
    CACV160/2023

    上訴法庭確認原告人的申索陳述書未能披露合理訴因、部分訴因已逾時且整體訴訟構成對社署之瑣屑無理纏擾(濫用司法程序),原審法官剔除訴狀及撤銷訴訟的決定屬正確;有關惡意檢控未獲證明;上訴不得為未在原審提出之新訴因或引入不具重大影響之新證據,故駁回上訴並判付訟費。

    • Strike-out for failure to disclose reasonable cause
    • Abuse of process
    • Limitation period for personal injuries
    • Malicious prosecution
    • Admission of fresh evidence on appeal
  • 4 Mar 2024

    NG HON SUM 對 LAM MAN LUNG及另一人

    Citation
    [2024] HKDC 323
    Court
    District Court
    Case number
    DCEO7/2023

    The amended statement of claim failed to disclose any reasonable cause under the Sex Discrimination Ordinance because the alleged conduct consisted of vulgar insults and workplace complaints devoid of a sexual element, and any references to claimant's wife or mother did not make the claimant the object of sexual advances or attraction; the victimisation allegation about withholding a firearm did not allege differential treatment grounded in sex. Accordingly the court granted the strike‑out application and dismissed the claimant's amended claim against the first respondent.

    • Sexual harassment
    • Victimisation
    • Strike‑out for failure to disclose reasonable cause
    • Abuse of process
    • Costs
  • 27 May 2019

    武猛輝 對 警務處

    Citation
    [2019] HKCFI 1306
    Court
    Court of First Instance
    Case number
    HCA3036/2017

    The statement of claim did not disclose a reasonable cause of action: the allegations were vague, internally inconsistent and failed to plead essential facts for malicious prosecution or false imprisonment (eg no prosecution/conviction; detention shown to be lawful). Amendment would not cure the defects. Therefore the claim was properly struck out under O.18 r.19(1)(a) and all claims dismissed.

    • Strike-out for failure to disclose reasonable cause
    • Malicious prosecution
    • False imprisonment
    • Costs assessment