YUNG MEI CHUN v. CHAN SING CHUEN
Because the applicant filed voluminous, intemperate submissions attacking prior judgments and thereby demonstrated a pattern of conduct amounting to abuse of process, the Court granted a restricted application order prohibiting further applications in HCMP 1178/2009 without leave of Tang VP or another judge designated by the Chief Judge, High Court.
- Citation
- YUNG MEI CHUN v. CHAN SING CHUEN
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 2 November 2009
- Case Number
- HCMP1178/2009
- Procedural Posture
- HCMP 1178/2009 (high Court Miscellaneous Proceedings) / Post Judgment Application Concerning a Restricted Application Order
- Outcome
- Restricted application order granted
- Legal Topics
- Restricted Application Order, Leave to Apply, Abuse of Process
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
HCMP 1178/2009 (high Court Miscellaneous Proceedings) / Post Judgment Application Concerning a Restricted Application Order
Legal Issues
- 1 Whether to make a restricted application order preventing further applications without leave
- 2 Whether the applicant's voluminous and intemperate submissions justify imposing a restriction to prevent abuse of the court process
Ratio Decidendi
Because the applicant filed voluminous, intemperate submissions attacking prior judgments and thereby demonstrated a pattern of conduct amounting to abuse of process, the Court granted a restricted application order prohibiting further applications in HCMP 1178/2009 without leave of Tang VP or another judge designated by the Chief Judge, High Court.
Court Disposition
Restricted application order granted
Orders
- Prohibit the plaintiff from making any further application to this Court in HCMP 1178/2009, save with leave of Tang VP (or another judge designated by the Chief Judge, High Court)
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