THE LIQUIDATORS OF C.A. PACIFIC SECURITIES LTD (IN LIQUIDATION) v. YU MAN

THE LIQUIDATORS OF C.A. PACIFIC SECURITIES LTD (IN LIQUIDATION) v. YU MAN

Mr Yu repeatedly sought to relitigate matters finally decided by the High Court and Court of Appeal; the Court found his conduct amounted to vexatious abuse of process and that RPO and RAO are appropriate and lawful under Practice Direction 11.3 (and do not breach human rights or the Basic Law as confirmed by the CFA), therefore the court granted the restrictions sought (with specified modifications) and ordered costs nisi against Mr Yu.

Citation
THE LIQUIDATORS OF C.A. PACIFIC SECURITIES LTD (IN LIQUIDATION) v. YU MAN
Parties
Applicant (hcmp71/2006); Respondent (hccw 37/1998): Yu Man; Respondent (hcmp71/2006): Pricewaterhouse Coopers; Applicants (hccw 37/1998): The Liquidators of C.A. Pacific Securities Limited (in liquidation)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2006
Case Number
HCCW37/1998
Procedural Posture
HCMP 71/2006 (court of Appeal Application Platform) and HCCW 37/1998 (companies Winding‑up Action) / Applications for Restricted Proceedings Order and Restricted Applications Order; Decision on Summonses and Costs Nisi
Outcome
Restricted Proceedings Order and Restricted Applications Order made (with specified deletions/modifications); costs ordered nisi in favour of respondents/applicants
Legal Topics
Restricted Proceedings Order, Restricted Applications Order, Vexatious Litigation, Costs Orders, Finality of Judgment, Client Classification
Source Language
ET
Civil Procedure Companies Law (winding‑up) Appeals Practice Human Rights (procedural) Restricted Proceedings Order Restricted Applications Order Vexatious Litigation Costs Orders +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Yu Man

Applicant (hcmp71/2006); Respondent (hccw 37/1998)

Pricewaterhouse Coopers

Respondent (hcmp71/2006)

The Liquidators of C.A. Pacific Securities Limited (in liquidation)

Applicants (hccw 37/1998)

Procedural Posture

HCMP 71/2006 (court of Appeal Application Platform) and HCCW 37/1998 (companies Winding‑up Action) / Applications for Restricted Proceedings Order and Restricted Applications Order; Decision on Summonses and Costs Nisi

Legal Issues

  1. 1 Whether an RPO and RAO should be made against Mr Yu
  2. 2 Whether Mr Yu's repeated litigation constituted vexatious abuse of process
  3. 3 Whether earlier judgments (HCCW 37/1998 and CACV 347/2002) are final and preclude further proceedings

Ratio Decidendi

Mr Yu repeatedly sought to relitigate matters finally decided by the High Court and Court of Appeal; the Court found his conduct amounted to vexatious abuse of process and that RPO and RAO are appropriate and lawful under Practice Direction 11.3 (and do not breach human rights or the Basic Law as confirmed by the CFA), therefore the court granted the restrictions sought (with specified modifications) and ordered costs nisi against Mr Yu.

Court Disposition

Restricted Proceedings Order and Restricted Applications Order made (with specified deletions/modifications); costs ordered nisi in favour of respondents/applicants

Orders

  • Order in terms of para. 2 of the summons of 15 February 2006, with deletion of reference to HCCW 36/1998
  • Order in terms of paras. 4(a), 5, 6 and 7 of the summons of 15 February 2006, with references to para. 3 deleted