Siberian Mining Group Co Ltd v Zhi Charles
Court of First Instance
Miscellaneous Proceedings No. 443 of 2015
Godfrey Lam J
29 June 2016

Vexatious litigant – s. 27 order restraining litigant from commencing or issuing fresh claims or proceedings against plaintiff – granted by consent with proviso

D, acting in person, brought or was actively involved in over 20 actions which overlapped and needlessly duplicated one another as well as numerous interlocutory applications against P and other parties. No action had so far succeeded and all but two had been discontinued, struck out or stayed. P sought a restraint order under s. 27 of the High Court Ordinance (Cap. 4) against D by consent.

Held, granting the order sought subject to a proviso, that:

  • D’s conduct was vexatious. By consent, a s. 27 order was made restraining D from commencing or issuing any fresh claims or proceedings against P without the leave of designated Court of First Instance judges. This included counterclaims and the institution of third party and fourth party proceedings, which were begun when the relevant notice was sealed by the court and issued out of the Registry.
  • However, this was subject to the proviso that the restriction would not apply where the originating process had been signed by counsel or solicitors practising in Hong Kong who had read the order and reasons and certified the same in writing.
Jurisdictions: 

Thomson Reuters – Sweet & Maxwell are the publishers of the Authorised Hong Kong Law Reports & Digest ("HKLRD") and the Authorised Hong Kong Court of Final Appeal Reports ("HKCFAR"), and providers of Westlaw HK (www.sweetandmaxwell.com.hk / www.westlaw.com.hk).