LI PING CHUN AND ANOTHER v. LIANG TONGHUA

LI PING CHUN AND ANOTHER v. LIANG TONGHUA

The court found the plaintiffs have a good arguable proprietary claim that the assignments were suspect and potentially voidable under s.60 CPO, the Mareva and asset preservation criteria are satisfied as to TH and extendable to HW and KW on the facts, and therefore the interim Mareva injunction and asset preservation order should continue; HW and KW's restraint is limited to dealing with the two properties and an asset disclosure order is granted only against TH.

Citation
[2018] HKCFI 2757
Parties
1st Plaintiff (co Administratrix of the Estate of Leung Foo Su): Li Ping Chun; 2nd Plaintiff (co Administratrix of the Estate of Leung Foo Su): Ng Mei Kam; Defendant / 1st Defendant (judgment Debtor): Liang Tonghua; 2nd Defendant: Leung Hong Wah; 3rd Defendant: Leung Koon Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2018
Case Number
HCA745/2011
Procedural Posture
Civil Enforcement Actions: Post Judgment Proprietary and Mareva/asset Preservation Applications / Chambers Hearing on Continuation of Interim Injunctive and Asset Disclosure Orders (interim Relief Continued)
Outcome
Interim Mareva injunction (HCA 745/2011) and asset preservation order (HCA 2239/2017) continued with variation; asset disclosure order granted against judgment debtor only; costs nisi order for plaintiffs against TH
Legal Topics
Mareva Injunction, Chabra Jurisdiction, Charging Order, Section 60 CPO (fraudulent Conveyance), Asset Disclosure Order, Post Judgment Enforcement
Source Language
EN
Conveyancing and Property Trusts Civil Procedure Injunctions Fraudulent Dispositions Mareva Injunction Chabra Jurisdiction Charging Order +3 more

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Parties

Li Ping Chun

1st Plaintiff (co Administratrix of the Estate of Leung Foo Su)

Ng Mei Kam

2nd Plaintiff (co Administratrix of the Estate of Leung Foo Su)

Liang Tonghua

Defendant / 1st Defendant (judgment Debtor)

Leung Hong Wah

2nd Defendant

Leung Koon Wah

3rd Defendant

Procedural Posture

Civil Enforcement Actions: Post Judgment Proprietary and Mareva/asset Preservation Applications / Chambers Hearing on Continuation of Interim Injunctive and Asset Disclosure Orders (interim Relief Continued)

Legal Issues

  1. 1 Whether assignments of two properties were voidable under section 60 CPO as made with intent to defraud the plaintiffs
  2. 2 Whether plaintiffs have a good arguable proprietary claim to justify asset preservation order
  3. 3 Whether Mareva injunction criteria are satisfied against the judgment debtor and extendable to non-parties under Chabra jurisdiction

Ratio Decidendi

The court found the plaintiffs have a good arguable proprietary claim that the assignments were suspect and potentially voidable under s.60 CPO, the Mareva and asset preservation criteria are satisfied as to TH and extendable to HW and KW on the facts, and therefore the interim Mareva injunction and asset preservation order should continue; HW and KW's restraint is limited to dealing with the two properties and an asset disclosure order is granted only against TH.

Court Disposition

Interim Mareva injunction (HCA 745/2011) and asset preservation order (HCA 2239/2017) continued with variation; asset disclosure order granted against judgment debtor only; costs nisi order for plaintiffs against TH

Orders

  • Continue Mareva injunction in HCA 745/2011 until further order of the court
  • Continue asset preservation order in HCA 2239/2017 until further order of the court