RE MUI KAI MING

RE MUI KAI MING

The stay was lifted because the Debtor's second legal aid application disclosed no merits or prospects of success and, given the failure to appeal the earlier rejection, its timing showed it was a delaying tactic.

Source-derived case information.

Citation
RE MUI KAI MING
Parties
Petitioner: HSBC International Trustee Ltd (in the capacity as the sole executor and trustee named in the Will of Mui Yim Fong dated 3 December 2003) (also in the capacity as the Trustee of the Karen Trust which is the sole devisee named in the Will of Mui Yim Fong dated 3 December 2003); Debtor: Mui Kai Ming (梅啟明)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 January 2013
Case Number
HCB2709/2012
Procedural Posture
Bankruptcy (bankruptcy Ordinance Cap 6) / Interlocutory Application to Lift Stay Under the Legal Aid Ordinance (cap 91)
Outcome
Application to lift stay granted; stay lifted.
Legal Topics
Stay of Proceedings, Legal Aid Application, Abuse of Process, Delay Tactics
Source Language
en
Bankruptcy Legal Aid Civil Procedure Stay of Proceedings Legal Aid Application Abuse of Process Delay Tactics

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Parties

HSBC International Trustee Ltd (in the capacity as the sole executor and trustee named in the Will of Mui Yim Fong dated 3 December 2003) (also in the capacity as the Trustee of the Karen Trust which is the sole devisee named in the Will of Mui Yim Fong dated 3 December 2003)

Petitioner

Mui Kai Ming (梅啟明)

Debtor

Procedural Posture

Bankruptcy (bankruptcy Ordinance Cap 6) / Interlocutory Application to Lift Stay Under the Legal Aid Ordinance (cap 91)

Legal Issues

  1. 1 Whether to lift the statutory stay under the Legal Aid Ordinance
  2. 2 Whether the Debtor's second legal aid application has merits or prospects of success
  3. 3 Whether the legal aid application constitutes an abuse of process/delaying tactic

Ratio Decidendi

The stay was lifted because the Debtor's second legal aid application disclosed no merits or prospects of success and, given the failure to appeal the earlier rejection, its timing showed it was a delaying tactic.

Court Disposition

Application to lift stay granted; stay lifted.

Orders

  • Order made in terms of the Petitioner’s Summons dated 16 January 2013: stay of proceedings under the Legal Aid Ordinance (Cap 91) lifted.