Read the full judgment text of CAMP 153/2020 on BabelCite. This Court of Appeal judgment was delivered on 6 November 2020 before Poon CJHC, Lam VP, Au JA.
Civil procedure – abuse of process – locus standi – bankruptcy – non-party application – strike out – Restricted Proceedings Order – Practice Direction 11.3 – The Legislative Council Commission presented a bankruptcy petition against Leung Chung Hang Sixtus – Doris Leung, a non-party, filed a summons in the Court of Appeal to set aside the petition – she claimed authorization and equitable interest – the court held she had no locus standi and the application should have been made in the Court of First Instance – summons struck out as abuse of process – Secretary for Justice joined for consideration of RPO and RAO – previous unmeritorious applications by Doris Leung cited.
Legal issues: Locus standi to set aside bankruptcy petition
Outcome: Summons of Doris Leung dated 4 September 2020 struck out as an abuse of process.
Cited by 12 cases · Cites 11 cases