XCHRX CHAN SIU LUN v. HUI CHO YEE AND ANOTHER

HCPI27/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES LIST NO. 27 OF 1999

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J U D G M E N T

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1. The Plaintiff was injured in a traffic accident on 7th December 1988. He commenced an action in 1991 to recover damages against the owner and driver of the car involved in the accident. The action was heard in the High Court. Judgment was ordered in favour of him. He was not satisfied with the result and an appeal to the Court of Appeal was lodged. Further attempts to appeal against the decision to the Court of Final Appeal had failed.

2. The Plaintiff is now suing in this action on the same cause of action he had relied upon in the previous action and also against the same parties. This he cannot do. The principle is that the same cause of action cannot be litigated again when it had already been adjudicated upon. The only basis relied upon by the Plaintiff to continue with the present action is that he has some additional evidence not previously disclosed in the earlier action. This is not good enough. Leave to adduce fresh evidence must be made to the appellate courts in the earlier action. Whether such leave would be granted or not is a different consideration.

3. Reference was also made by the Plaintiff to the merits of the earlier case including the assessment of medical evidence and factual evidence. These matters had already been fully considered in the previous action and the matter cannot be litigated again.

4. The Registrar was correct to dismiss the action. I would dismiss the appeal.