LI PING CHUN AND ANOTHER v. LIANG TONGHUA AND OTHERS

LI PING CHUN AND ANOTHER v. LIANG TONGHUA AND OTHERS

The court found the plaintiffs had a good arguable proprietary claim under s60 CPO because the timing and terms of the assignments to HW and KW were suspicious, went beyond the pleaded claims in earlier proceedings, involved nil consideration and occurred after judgment and interim orders; therefore the interim...

Source-derived case information.

Citation
[2018] HKCFI 2757
Parties
1st Plaintiff; Co Administratrix of the Estate of Leung Foo Su (judgment Creditor): Li Ping Chun; 2nd Plaintiff; Co Administratrix of the Estate of Leung Foo Su (judgment Creditor): Ng Mei Kam; Defendant / 1st Defendant; Judgment Debtor: Liang Tonghua (also known as Leung Tung Wah; Liang Tong Hua; Tung Wah Leung); 2nd Defendant: Leung Hong Wah; 3rd Defendant: Leung Koon Wah (also known as Ng Winnie Leung)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2018
Case Number
HCA2239/2017
Procedural Posture
Civil Trust and Proprietary Claims; Enforcement of Judgment; Mareva/asset Preservation (post Judgment) / Hearing on Continuation of Interim Mareva Injunction and Asset Preservation Orders and Ancillary Asset Disclosure; Decision on Interim Applications
Outcome
Interim Mareva injunction (HCA 745/2011) and asset preservation order (HCA 2239/2017) continued until further order; injunction against TH maintained in full; injunctions against HW and KW narrowed to restrain dealing with the two specified Properties only; ancillary asset disclosure order granted against TH only;...
Legal Topics
Mareva Injunction, Chabra Jurisdiction, Charging Order, Section 60 Conveyancing and Property Ordinance, Asset Preservation Order, Ancillary Asset Disclosure Order, Fraudulent Disposition, Service and Non Disclosure
Source Language
en
Trusts Remedies Civil Procedure Property Injunctions Fraudulent Conveyance Equity Mareva Injunction +7 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Li Ping Chun

1st Plaintiff; Co Administratrix of the Estate of Leung Foo Su (judgment Creditor)

Ng Mei Kam

2nd Plaintiff; Co Administratrix of the Estate of Leung Foo Su (judgment Creditor)

Liang Tonghua (also known as Leung Tung Wah; Liang Tong Hua; Tung Wah Leung)

Defendant / 1st Defendant; Judgment Debtor

Leung Hong Wah

2nd Defendant

Leung Koon Wah (also known as Ng Winnie Leung)

3rd Defendant

Procedural Posture

Civil Trust and Proprietary Claims; Enforcement of Judgment; Mareva/asset Preservation (post Judgment) / Hearing on Continuation of Interim Mareva Injunction and Asset Preservation Orders and Ancillary Asset Disclosure; Decision on Interim Applications

Legal Issues

  1. 1 Whether the assignments of properties from TH to HW and KW were made with intent to defraud creditors and are voidable under section 60 CPO
  2. 2 Whether the plaintiffs have a good arguable proprietary claim sufficient to sustain an asset preservation order and a Mareva injunction
  3. 3 Whether a Mareva injunction can be extended to HW and KW under Chabra principles

Ratio Decidendi

The court found the plaintiffs had a good arguable proprietary claim under s60 CPO because the timing and terms of the assignments to HW and KW were suspicious, went beyond the pleaded claims in earlier proceedings, involved nil consideration and occurred after judgment and interim orders; therefore the interim Mareva injunction and asset preservation order should continue to preserve assets pending determination, but the injunctions against HW and KW must be limited to restraint of dealing with the two Properties; asset disclosure should be ordered against TH only.

Court Disposition

Interim Mareva injunction (HCA 745/2011) and asset preservation order (HCA 2239/2017) continued until further order; injunction against TH maintained in full; injunctions against HW and KW narrowed to restrain dealing with the two specified Properties only; ancillary asset disclosure order granted against TH only;...

Orders

  • Continue Mareva injunction in HCA 745/2011 and asset preservation order in HCA 2239/2017 until further order
  • Vary injunctions so that TH is subject to orders in their current terms