Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Striking out for frivolous or vexatious claims
  • 24 Dec 2007

    WONG YU CHO ROLLY t/a MARCO POLO and CHINA OVERSEA TECHNICAL DEVELOPMENT v. LOUIE WONG

    Citation
    WONG YU CHO ROLLY t/a MARCO POLO and CHINA OVERSEA TECHNICAL DEVELOPMENT v. LOUIE WONG
    Court
    District Court
    Case number
    DCCJ2930/2007

    The court applied the settled principle that a litigant and his legal representative owe no duty to correct an opponent's mistaken litigation decisions, held that government counsel acting for a party does not owe any special higher duty to an opposing lay litigant, and found the procedural steps taken were proper under the Rules; therefore each claim disclosed no reasonable cause of action and was frivolous and vexatious and must be struck out.

    • Duty of care between litigants
    • Immunity of judges
    • Professional duty of government counsel
    • Striking out for frivolous or vexatious claims
    • Taxation of costs on discontinuance