CHAN SAI LUN HENRY v. CHAN WAI WAH, LILY ANN AND ANOTHER

CHAN SAI LUN HENRY v. CHAN WAI WAH, LILY ANN AND ANOTHER

The court found no arguable ground to set aside the earlier decision or to sustain the summonses; the applications were an abuse of process and delaying tactics, therefore all applications and appeals by the 2nd defendant were dismissed with costs and the court imposed a restriction requiring leave for any further applications or appeals by the appellant without which relief would be refused.

Citation
CHAN SAI LUN HENRY v. CHAN WAI WAH, LILY ANN AND ANOTHER
Parties
Plaintiff (respondent): RY; 1st Defendant: Chan Sai Lung, Sylvester; 2nd Defendant (appellant): Chan Wai Wah, Lily Ann
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2000
Case Number
HCA14052/1999
Procedural Posture
Probate and Possession Proceedings With Interlocutory Applications and Appeals / Hearing in Chambers on Applications to Set Aside Judgment and Related Summonses; Judgment Delivered
Outcome
All applications and appeals of the 2nd defendant dismissed as abuse of process with costs; leave required for further applications and appeals; recommendation that Department of Justice consider vexatious-litigant proceedings
Legal Topics
Set Aside Judgment, Abuse of Process, Leave to Appeal, Stay of Execution, Production of Documents, Costs, Restriction on Future Applications
Source Language
EN
Probate Civil Procedure Appeals Vexatious Litigation Set Aside Judgment Abuse of Process Leave to Appeal Stay of Execution +3 more

Case Brief

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Parties

RY

Plaintiff (respondent)

Chan Sai Lung, Sylvester

1st Defendant

Chan Wai Wah, Lily Ann

2nd Defendant (appellant)

Procedural Posture

Probate and Possession Proceedings With Interlocutory Applications and Appeals / Hearing in Chambers on Applications to Set Aside Judgment and Related Summonses; Judgment Delivered

Legal Issues

  1. 1 Whether the decision made in the applicant's absence should be set aside
  2. 2 Whether the summonses and applications constitute an abuse of process
  3. 3 Whether leave should be required for further applications or appeals by the appellant

Ratio Decidendi

The court found no arguable ground to set aside the earlier decision or to sustain the summonses; the applications were an abuse of process and delaying tactics, therefore all applications and appeals by the 2nd defendant were dismissed with costs and the court imposed a restriction requiring leave for any further applications or appeals by the appellant without which relief would be refused.

Court Disposition

All applications and appeals of the 2nd defendant dismissed as abuse of process with costs; leave required for further applications and appeals; recommendation that Department of Justice consider vexatious-litigant proceedings

Orders

  • All applications and summonses filed by Madam Chan Wai Wah, Lily Ann are dismissed with costs to the other parties
  • No further application by Madam Chan without the leave of the Master of the High Court