林永恒是 STANLEY LOT 456RP 業主 v. WIN TALENT LTD

林永恒是 STANLEY LOT 456RP 業主 v. WIN TALENT LTD

The claim was struck out because P, an undischarged bankrupt, had no locus standi as his claimed proprietary rights and chose-in-action vested in the Official Receiver; independently, the public registers and documents demonstrated P had sold his interest and that Lot456RP was surrendered and legally extinguished in exchange for Lot95, and D acquired indefeasible title to Lot95 by mortgagee sale; the claim was therefore bound to fail and constituted an abuse of process warranting striking out and imposition of restricted proceedings orders.

Citation
[2019] HKCFI 2941
Parties
Plaintiff: P; Defendant: D
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2019
Case Number
HCA889/2019
Procedural Posture
Civil (property/bankruptcy) / Strike Out Application and Judgment
Outcome
Statement of Claim struck out; action dismissed; restricted proceedings order and restricted application order imposed against plaintiff; costs awarded to defendant on indemnity basis
Legal Topics
Locus Standi, Striking Out for No Reasonable Cause, Mortgagee Sale, Surrender and Exchange of Land, Restricted Proceedings Order, Power of Sale, Choses in Action, Abuse of Process
Source Language
EN
Bankruptcy Law Land and Property Law Company Law Civil Procedure Mortgage Law Equity Locus Standi Striking Out for No Reasonable Cause +6 more

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Parties

P

Plaintiff

D

Defendant

Procedural Posture

Civil (property/bankruptcy) / Strike Out Application and Judgment

Legal Issues

  1. 1 Whether plaintiff had locus standi given his undischarged bankruptcy and vesting of rights in the Official Receiver
  2. 2 Whether the statement of claim disclosed a reasonable cause of action or was frivolous, vexatious or an abuse of process
  3. 3 Whether the chain of title extinguished any proprietary interest of the plaintiff (assignment to company and surrender/exchange to government)

Ratio Decidendi

The claim was struck out because P, an undischarged bankrupt, had no locus standi as his claimed proprietary rights and chose-in-action vested in the Official Receiver; independently, the public registers and documents demonstrated P had sold his interest and that Lot456RP was surrendered and legally extinguished in exchange for Lot95, and D acquired indefeasible title to Lot95 by mortgagee sale; the claim was therefore bound to fail and constituted an abuse of process warranting striking out and imposition of restricted proceedings orders.

Court Disposition

Statement of Claim struck out; action dismissed; restricted proceedings order and restricted application order imposed against plaintiff; costs awarded to defendant on indemnity basis

Orders

  • Plaintiff's Statement of Claim struck out for want of locus standi and for disclosing no reasonable cause of action and being scandalous, frivolous or vexatious
  • Plaintiff's action dismissed