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Bailiffs' 'honest mistakes' immunity

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Bailiffs who seize and sell off goods belonging to innocent people cannot be sued for damages so long as their actions are 'an honest mistake', a judge ruled yesterday.

Mr Justice Azizul Suffiad ruled victims could pursue legal action against the court officials only if they had acted insolently or oppressively.

Claims might also be made if there was 'a real or substantial grievance', the judge said.

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He rejected businessman James Fu Lok-man's claim for damages from the Chief Bailiff of the High Court.

Mr Fu claimed his manufacturing firm, Lokie Leatherware, crashed because $560,000 worth of jackets were wrongfully seized.

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His barrister Simon Chiu had told the judge there needed to be a shake-up of the procedures used by bailiffs.

But Mr Justice Suffiad said the bailiffs were protected from legal action under the common law by the provision of a 'unique defence'.

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