KCY v. HJFG

KCY v. HJFG

Leave to appeal was refused and the appointment of an interim receiver was dismissed because the judge at first instance correctly exercised his discretion: the husband's undertaking provided adequate protection pending ancillary relief, the wife failed to show inevitable prejudice that would justify the extraordinary remedy of receivership, and the commercial risks to the companies from appointing a receiver outweighed the potential protective benefits; no error of principle or other reason in the interests of justice to permit an appeal was established.

Citation
KCY v. HJFG
Parties
Respondent / Applicant (wife Seeking Leave): KCY; Petitioner / Respondent (husband): HJFG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 July 2011
Case Number
HCMP685/2011
Procedural Posture
Miscellaneous Proceedings on Intended Appeal From Ancillary Relief/interlocutory Application for Interim Receiver / Court of Appeal Hearing for Leave to Appeal From Court of First Instance Refusal to Appoint Interim Receiver; Judgment on 6 July 2011 (reasons Handed 12 July 2011)
Outcome
Application for leave to appeal dismissed; underlying summons for appointment of interim receiver dismissed; husband's undertaking to continue until disposal of ancillary relief proceedings maintained.
Legal Topics
Interim Receiver, Ancillary Relief, Undertakings, Leave to Appeal (interlocutory), Disclosure, Business Risk Balancing
Source Language
EN
Family Law Civil Procedure Trusts Company Law Injunctions/receivership Interim Receiver Ancillary Relief Undertakings +3 more

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Parties

KCY

Respondent / Applicant (wife Seeking Leave)

HJFG

Petitioner / Respondent (husband)

Procedural Posture

Miscellaneous Proceedings on Intended Appeal From Ancillary Relief/interlocutory Application for Interim Receiver / Court of Appeal Hearing for Leave to Appeal From Court of First Instance Refusal to Appoint Interim Receiver; Judgment on 6 July 2011 (reasons Handed 12 July 2011)

Legal Issues

  1. 1 Whether leave to appeal should be granted in respect of an interlocutory refusal to appoint an interim receiver
  2. 2 Whether the Court of First Instance erred in law or in the exercise of discretion in refusing to appoint an interim receiver
  3. 3 Whether the husbands undertaking was sufficient to protect the wife's interests pending ancillary relief

Ratio Decidendi

Leave to appeal was refused and the appointment of an interim receiver was dismissed because the judge at first instance correctly exercised his discretion: the husband's undertaking provided adequate protection pending ancillary relief, the wife failed to show inevitable prejudice that would justify the extraordinary remedy of receivership, and the commercial risks to the companies from appointing a receiver outweighed the potential protective benefits; no error of principle or other reason in the interests of justice to permit an appeal was established.

Court Disposition

Application for leave to appeal dismissed; underlying summons for appointment of interim receiver dismissed; husband's undertaking to continue until disposal of ancillary relief proceedings maintained.

Orders

  • Leave to appeal refused under s.14AA(4) HCO
  • Summons for appointment of interim receiver dismissed