Applicant: NDrive Navigation Systems S.A., a software navigation company based in Portugal.
Respondent: Si Zhou (a.k.a. Si (Silas) Zhou, Silas Zhou), provided consultancy services to NDrive since March 2010 and was involved in a dispute leading to arbitration and an award of over one million USD, which he misappropriated.
Key Points/Takeaways:
Litigation History:
A Mareva Injunction froze the Respondent's assets in May 2020.
Multiple orders and appeals followed, including a significant judgment against Zhou for fraud and a summary judgment ordering him to pay damages and costs.
Zhou engaged in persistent litigation and appeals, often on already determined issues, and failed to pay costs awards.
Issues/Main Discussion:
The court addressed whether Zhou should be declared a vexatious litigant under ss. 140(1)(a) & (b) of the Courts of Justice Act, due to his persistent institution of vexatious proceedings and conduct.
Ruling:
Vexatious Litigant Declaration: Zhou was declared a vexatious litigant, prohibited from instituting or continuing any proceedings without prior leave from a Judge of the Superior Court of Justice, and required to satisfy all outstanding awards of costs against him.
Costs: The court ordered Zhou to pay the costs of the application to the Applicant on a substantial indemnity basis.
Amount Awarded:
Not specified in the summary; Zhou was ordered to pay costs on a substantial indemnity basis, with the exact amount to be determined if the parties could not agree.
