Hong Kong Lawyer August 2012 cover feature: “Striking Out Applications – Waking Up Sleeping Dogs”
An article written by Navin Babani and Gregory Leung:
The power to strike out an action for delay or by reason of there being an abuse of process emanates from the inherent jurisdiction of the court… A prevalent view amongst practitioners was that such applications would only become easier to mount post-Civil Justice Reform, given its underlying objectives. The recent decision of The Liquidators of Wing Fai Construction Co Ltd (in compulsory liq) v Yip Kwong Robert [2012] 1 HKLRD 589; [2011] 6 HKC 432 seeks to correct this mistaken view…
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