SO PO TONG v. RICHARD PATTERSON

SO PO TONG v. RICHARD PATTERSON

The application for a prohibition order was refused because the evidence was insufficient to show a real risk of the defendant absconding and the delay in making the application constituted an abuse of the procedure for obtaining such an order.

Source-derived case information.

Citation
SO PO TONG v. RICHARD PATTERSON
Parties
Intended Plaintiff: So Po Tong; Intended Defendant: Richard Patterson
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 1987
Case Number
HCA6993/1987
Procedural Posture
Intended Action (hca 6993/87) / Chambers Hearing — Application for Prohibition Order
Outcome
Application refused
Legal Topics
Prohibition Order, Abuse of Process, Flight Risk, Evidentiary Sufficiency
Source Language
en
Civil Procedure Injunctions Enforcement Public Law (freedom of Movement) Prohibition Order Abuse of Process Flight Risk Evidentiary Sufficiency

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Parties

So Po Tong

Intended Plaintiff

Richard Patterson

Intended Defendant

Procedural Posture

Intended Action (hca 6993/87) / Chambers Hearing — Application for Prohibition Order

Legal Issues

  1. 1 Whether a prohibition order should be granted to prevent the intended defendant leaving Hong Kong
  2. 2 Whether the evidence demonstrates a real risk that the defendant will abscond to avoid judgment
  3. 3 Whether the application constitutes an abuse of process owing to delay or inadequate evidence

Ratio Decidendi

The application for a prohibition order was refused because the evidence was insufficient to show a real risk of the defendant absconding and the delay in making the application constituted an abuse of the procedure for obtaining such an order.

Court Disposition

Application refused

Orders

  • Application for prohibition order refused.