KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

Leave to appeal was refused because the 3rd Defendant lacked a genuine interest in taking an active role at trial, the application was not made in good faith but as a collateral strategy, the proposed grounds were wholly without merit given the full extent of the plaintiffs' claims and the Judge's correct decision to preserve the 3rd Defendant's assets, and there was no reasonable prospect of success or interest of justice to justify leave.

Citation
KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS
Parties
1st Plaintiff: Komal Patel; 2nd Plaintiff: Jason Mark Cohen; 3rd Plaintiff: Harilaos Apostolides; 4th Plaintiff: Rocky Cape International Limited; 1st Defendant: Chris Au; 2nd Defendant: Ho Ching Yi Elsa; 3rd Defendant: Retribution Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 August 2015
Case Number
HCMP1959/2015
Procedural Posture
Application for Leave to Appeal Against Refusal to Vary Freezing Injunction (court of Appeal) / Application for Leave to Appeal Refused; Interlocutory Before Trial (trial Due 9 September 2015)
Outcome
Application for leave to appeal refused; costs ordered against the 3rd Defendant on indemnity basis.
Legal Topics
Freezing Injunction, Leave to Appeal, Good Faith, Costs (indemnity), Urgency
Source Language
EN
Civil Equity Appeal Procedural Law Freezing Injunction Leave to Appeal Good Faith Costs (indemnity) +1 more

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Parties

Komal Patel

1st Plaintiff

Jason Mark Cohen

2nd Plaintiff

Harilaos Apostolides

3rd Plaintiff

Rocky Cape International Limited

4th Plaintiff

Chris Au

1st Defendant

Ho Ching Yi Elsa

2nd Defendant

Retribution Limited

3rd Defendant

Procedural Posture

Application for Leave to Appeal Against Refusal to Vary Freezing Injunction (court of Appeal) / Application for Leave to Appeal Refused; Interlocutory Before Trial (trial Due 9 September 2015)

Legal Issues

  1. 1 Whether leave to appeal should be granted from refusal to vary a freezing injunction
  2. 2 Whether the injunction should be capped to the 3rd Defendant's estimated monetary limits of the claim
  3. 3 Whether the 3rd Defendant's application was made in good faith or was a collateral strategy

Ratio Decidendi

Leave to appeal was refused because the 3rd Defendant lacked a genuine interest in taking an active role at trial, the application was not made in good faith but as a collateral strategy, the proposed grounds were wholly without merit given the full extent of the plaintiffs' claims and the Judge's correct decision to preserve the 3rd Defendant's assets, and there was no reasonable prospect of success or interest of justice to justify leave.

Court Disposition

Application for leave to appeal refused; costs ordered against the 3rd Defendant on indemnity basis.

Orders

  • Leave to appeal refused.
  • No party may request reconsideration of the refusal of leave at an oral inter partes hearing (pursuant to Order 59 Rule 2A(8), Rules of the High Court).