Read the full judgment text of HCCT77/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 January 2003 before Hon Burrell J.
Procedure — Abuse of process — Res judicata in the wider sense — Construction and arbitration proceedings — Plaintiff failed to raise available counterclaim and set-off defence in earlier District Court summary judgment proceedings — Later issuing of writ on same fundamental dispute amounted to abuse of process under binding authority of Yat Tung Investment Co. Ltd v. Dao Heng Bank Ltd [1975] AC 581. Plaintiff acknowledged the availability of the defence earlier and did not demonstrate special circumstances justifying late claim. The court rejected narrower interpretation of Yat Tung and reaffirmed that all matters which could and should have been raised earlier are barred if raised subsequently. Accordingly, plaintiff's claim was struck out and the action dismissed with costs ordered against plaintiff.
Legal issues: Abuse of process by raising claims in subsequent proceedings
Outcome: Plaintiff's claim struck out as abuse of process
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