30 Sept 2013
HO SIN YING v. CHAN YUI LING AND ANOTHER
- Citation
- HO SIN YING v. CHAN YUI LING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1531/2012
The 2012 consent order undertaking not to commence "another action based on the same cause of action" must be construed in its factual background and was intended to prevent the plaintiff from pursuing further actions arising from the same factual matrix; the present action, though couched in different causes of action, arises from the same facts and is caught by the undertaking and thus constitutes an abuse of process. Independently, the pleaded causes are defective and, insofar as they allege breaches occurring before the deceased's death, are time-barred under Cap 347. Leave to re-amend wa…