Lam, Paul Ting Kwok 林定國

Lucy Michaels v Centaline, Chiu Chi Hung & Elina Pow Mui Ling
HK Court of First Instance, 12-Sep-2018
Mrs Michaels claims that she suffered carbon monoxide poisoning and PTSD in a flat rented by her daughter. The Master struck out her claim as it was beyond the 3-year limit in the Limitations Ordinance. Deputy Judge Paul Lam SC agrees, adding that "Mrs Michaels' claim is far-fetched, imaginative, and fanciful; it does not have any evidential basis at all. It would not make sense to disapply the limitation period to allow her to proceed with a hopeless claim."
Lucy Michaels v Harbour Grand Hong Kong
HK Court of First Instance, 12-Sep-2018
Mrs Michaels claims for breach of contract and emotional stress after refusing to pay a deposit for a 1-month serviced apartment. Her claim is struck out. The licence agreement was not executed. The judge notes "it is plain and obvious that there was no legally enforceable agreement" and further "that there is no realistic prospect for Mrs Michaels to prove that Harbour Grand had any intention to inflict any injury (physical or mental)", nor that it was reckless to that risk. "Any such suggestion is, in my view, fanciful".

Sign up for our free newsletter

Recommend Webb-site to a friend

Copyright & disclaimer, Privacy policy

Back to top