林雪梅是赤柱街120號 AND ANOTHER v. 雋暉有限公司

林雪梅是赤柱街120號 AND ANOTHER v. 雋暉有限公司

The statement of claim disclosed no reasonable cause of action and was scandalous, frivolous and vexatious and constituted an abuse of process; D acquired title to Lot 95 by a valid mortgagee sale and P had no title or interest to enforce against D; accordingly the SoC was struck out, the action dismissed, restricted proceedings and application orders were imposed and costs awarded to D on an indemnity basis.

Citation
[2020] HKCFI 1557
Parties
Plaintiff: P; Defendant: D
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2020
Case Number
HCA2333/2019
Procedural Posture
Civil (property/title) / Judgment
Outcome
Statement of claim struck out; action dismissed; restricted proceedings and restricted application orders imposed; costs awarded to defendant on indemnity basis
Legal Topics
Striking Out, Res Judicata/issue Estoppel, Mortgagee Sale, Restricted Proceedings Orders, Vexatious Litigation, Costs on Indemnity Basis
Source Language
EN
Property Law Land Title Conveyancing Civil Procedure Mortgage Law Abuse of Process Striking Out Res Judicata/issue Estoppel +4 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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

P

Plaintiff

D

Defendant

Procedural Posture

Civil (property/title) / Judgment

Legal Issues

  1. 1 Whether the statement of claim disclosed a reasonable cause of action
  2. 2 Whether P had any legal or equitable title or interest in Lot 456RP or Lot 95
  3. 3 Whether D acquired good title by mortgagee sale

Ratio Decidendi

The statement of claim disclosed no reasonable cause of action and was scandalous, frivolous and vexatious and constituted an abuse of process; D acquired title to Lot 95 by a valid mortgagee sale and P had no title or interest to enforce against D; accordingly the SoC was struck out, the action dismissed, restricted proceedings and application orders were imposed and costs awarded to D on an indemnity basis.

Court Disposition

Statement of claim struck out; action dismissed; restricted proceedings and restricted application orders imposed; costs awarded to defendant on indemnity basis

Orders

  • Strike out the statement of claim for disclosing no reasonable cause of action and being scandalous, frivolous or vexatious and an abuse of process
  • Dismiss the plaintiff's action