4 Dec 2019
林永恒是 STANLEY LOT 456RP 業主 v. WIN TALENT LTD
- Citation
- [2019] HKCFI 2941
- Court
- Court of First Instance
- Case number
- HCA889/2019
The claim was struck out because P, an undischarged bankrupt, had no locus standi as his claimed proprietary rights and chose-in-action vested in the Official Receiver; independently, the public registers and documents demonstrated P had sold his interest and that Lot456RP was surrendered and legally extinguished in exchange for Lot95, and D acquired indefeasible title to Lot95 by mortgagee sale; the claim was therefore bound to fail and constituted an abuse of process warranting striking out and imposition of restricted proceedings orders.