YUEN OI YEE LISA v. ALEXANDER K C LEE AND ANOTHER

YUEN OI YEE LISA v. ALEXANDER K C LEE AND ANOTHER

The proposed summons disclosed no proper factual or legal basis, constituted an abuse of process and vexatious conduct; accordingly a Restrictive Application Order was warranted under Practice Direction 11.3 prohibiting further applications in HCA 2735/2006 without the court's prior leave, prescribing procedural safeguards for leave applications, and the plaintiff was ordered to pay fixed costs of HKD 12,400 to the defendants pursuant to Order 62 r9(4)(b).

Citation
YUEN OI YEE LISA v. ALEXANDER K C LEE AND ANOTHER
Parties
Plaintiff: Yuen Oi Yee Lisa; 1st Defendant: Alexander K C Lee; 2nd Defendant: Lo Chan & Leung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2007
Case Number
HCA2735/2006
Procedural Posture
High Court Action (civil) / Chambers Hearing on Summons Application (interlocutory)
Outcome
Restrictive Application Order made; summons not entertained; costs awarded to defendants
Legal Topics
Restrictive Application Order, Practice Direction 11.3, Abuse of Process, Leave to Issue Applications, Fixed Costs Under Order 62
Source Language
EN
Civil Procedure Costs Litigation Management Professional Conduct Restrictive Application Order Practice Direction 11.3 Abuse of Process Leave to Issue Applications +1 more

Case Brief

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Parties

Yuen Oi Yee Lisa

Plaintiff

Alexander K C Lee

1st Defendant

Lo Chan & Leung

2nd Defendant

Procedural Posture

High Court Action (civil) / Chambers Hearing on Summons Application (interlocutory)

Legal Issues

  1. 1 Whether a late/unissued summons should be entertained at the hearing
  2. 2 Whether the proposed substantive allegations disclosed any legal basis against the solicitors or others
  3. 3 Whether the plaintiff's conduct constituted an abuse of process/vexatious litigation

Ratio Decidendi

The proposed summons disclosed no proper factual or legal basis, constituted an abuse of process and vexatious conduct; accordingly a Restrictive Application Order was warranted under Practice Direction 11.3 prohibiting further applications in HCA 2735/2006 without the court's prior leave, prescribing procedural safeguards for leave applications, and the plaintiff was ordered to pay fixed costs of HKD 12,400 to the defendants pursuant to Order 62 r9(4)(b).

Court Disposition

Restrictive Application Order made; summons not entertained; costs awarded to defendants

Orders

  • Restrictive Application Order made under Practice Direction 11.3 in HCA 2735/2006 prohibiting the plaintiff from making any further application in that action without prior leave of the court
  • All applications for leave to issue an application in HCA 2735/2006 must be made in writing to the court without giving notice to the intended respondent and dealt with on paper unless the court directs otherwise