LSW v. LMYM

LSW v. LMYM

The applicant's further submissions merely reiterate claims already decided and do not supply any basis to undermine the court's provisional view; therefore the appeal is struck out and both a RPO and a RAO are imposed to prevent further abusive proceedings by the applicant.

Citation
LSW v. LMYM
Parties
Petitioner: LSW; Respondent (applicant): LMYM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2008
Case Number
HCMP1041/2008
Procedural Posture
Leave to Appeal (court of Appeal) / Further Judgment on Provisional Decision to Strike Out and Impose Rpo/rao
Outcome
Appeal in CACV 43/2008 struck out; restricted proceedings order and restricted application order made against the applicant.
Legal Topics
Striking Out, Restricted Proceedings Order, Restricted Application Order, Leave to Appeal
Source Language
EN
Civil Procedure Appeal Court Management Vexatious Litigants Striking Out Restricted Proceedings Order Restricted Application Order Leave to Appeal

Case Brief

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Parties

LSW

Petitioner

LMYM

Respondent (applicant)

Procedural Posture

Leave to Appeal (court of Appeal) / Further Judgment on Provisional Decision to Strike Out and Impose Rpo/rao

Legal Issues

  1. 1 Whether the appeal in CACV 43/2008 should be struck out
  2. 2 Whether to impose a restricted proceedings order (RPO) against the applicant
  3. 3 Whether to impose a restricted application order (RAO) against the applicant

Ratio Decidendi

The applicant's further submissions merely reiterate claims already decided and do not supply any basis to undermine the court's provisional view; therefore the appeal is struck out and both a RPO and a RAO are imposed to prevent further abusive proceedings by the applicant.

Court Disposition

Appeal in CACV 43/2008 struck out; restricted proceedings order and restricted application order made against the applicant.

Orders

  • Appeal in CACV 43/2008 struck out by the Court of Appeal.
  • Restricted Proceedings Order (RPO) made against the applicant in terms indicated in the earlier judgment dated 7 July 2008.