RE VINCENT KAY LO IP

RE VINCENT KAY LO IP

The Bankrupt had persistently abused the court process by bringing repeated, unwarranted annulment applications; a proportionate remedy was a Restricted Application Order restricting the Bankrupt from issuing any further annulment or similar applications in HCB1209/2000 without prior written leave of the Designated Judge, subject to specified procedural terms; no order as to costs was made.

Citation
RE VINCENT KAY LO IP
Parties
Bankrupt: VINCENT KAY LO IP; Respondent: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 October 2007
Case Number
HCB1209/2000
Procedural Posture
Bankruptcy (rao Application) / Decision
Outcome
Restricted Application Order granted prohibiting the Bankrupt from issuing further annulment or similar applications without prior leave; no order as to costs.
Legal Topics
Restricted Application Order, Annulment of Bankruptcy Order, Leave to Appeal, Statutory Demand
Source Language
EN
Bankruptcy Civil Procedure Appeal Vexatious Litigation Restricted Application Order Annulment of Bankruptcy Order Leave to Appeal Statutory Demand

Case Brief

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Parties

VINCENT KAY LO IP

Bankrupt

Official Receiver

Respondent

Procedural Posture

Bankruptcy (rao Application) / Decision

Legal Issues

  1. 1 Whether the court should grant a Restricted Application Order (RAO) to restrain the Bankrupt from making further annulment applications without leave
  2. 2 Whether the Bankrupt has abused and is likely to continue abusing the court process by repeatedly bringing unmeritorious annulment applications
  3. 3 What the proper scope and procedural terms of any RAO should be

Ratio Decidendi

The Bankrupt had persistently abused the court process by bringing repeated, unwarranted annulment applications; a proportionate remedy was a Restricted Application Order restricting the Bankrupt from issuing any further annulment or similar applications in HCB1209/2000 without prior written leave of the Designated Judge, subject to specified procedural terms; no order as to costs was made.

Court Disposition

Restricted Application Order granted prohibiting the Bankrupt from issuing further annulment or similar applications without prior leave; no order as to costs.

Orders

  • The Bankrupt is prohibited from making any further applications to annul the Bankruptcy Order or similar applications in HCB1209/2000 without the leave of Mr Justice Poon (the Designated Judge).
  • All applications for leave to issue an annulment application in HCB1209/2000 must be made in writing to the Designated Judge without giving notice of the application to the intended respondent and/or the Official Receiver.