5 Feb 2021
GURDAS SABHAGCHAND CHOITHRAMANI v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD
- Citation
- [2021] HKCFI 301
- Court
- Court of First Instance
- Case number
- HCA143/2020
The claim was struck out and the action dismissed because the plaintiff lacked standing: his pre‑existing causes of action vested in the Official Receiver upon bankruptcy under s58(1) BO and there was no assignment or consent from the Official Receiver to prosecute the action; this alone justified dismissal. Costs were awarded on an indemnity basis because the claim repeated matters previously advanced and struck out, constituting abuse of process.