CHEN WENJUN v. LIU LUYUAN AND ANOTHER

CHEN WENJUN v. LIU LUYUAN AND ANOTHER

The court continued the ex parte injunction pending determination, allowed limited variation to permit the 1st defendant weekly living expenses of HK$30,000 on filing a corroborating affidavit and legal expenses at HK$300,000/week subject to an overall cap of HK$2.1 million, kept the disclosure order in force but stayed the inspection order pending the substantive hearing and/or discharge application while permitting the plaintiff liberty to apply to lift the stay; time limits for filing evidence and compliance were fixed and costs were ordered in the cause with a certificate for two counsel.

Citation
CHEN WENJUN v. LIU LUYUAN AND ANOTHER
Parties
Plaintiff: Chen Wenjun; 1st Defendant: Liu Luyuan; 2nd Defendant: Richmedia Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 August 2014
Case Number
HCMP1802/2014
Procedural Posture
Originating Summons With Interlocutory Applications (mareva/freeze and Disclosure) / Interlocutory (pre Hearing Variation and Discharge Applications)
Outcome
Ex parte injunction continued; variation granted for limited living and legal expenses; disclosure order to remain pending; inspection order stayed; timetable for evidence and hearing fixed; costs in the cause; leave to appeal granted without interim stay of disclosure.
Legal Topics
Mareva Injunction, Disclosure Order, Inspection Order, Proprietary Claim, Variation of Injunction, Stay of Orders, Costs, Leave to Appeal
Source Language
EN
Civil Injunctions Private International Law Family Law (ancillary Proceedings) Mareva Injunction Disclosure Order Inspection Order Proprietary Claim +4 more

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Parties

Chen Wenjun

Plaintiff

Liu Luyuan

1st Defendant

Richmedia Holdings Limited

2nd Defendant

Procedural Posture

Originating Summons With Interlocutory Applications (mareva/freeze and Disclosure) / Interlocutory (pre Hearing Variation and Discharge Applications)

Legal Issues

  1. 1 Whether to continue ex parte injunction pending determination
  2. 2 Whether to permit weekly living and legal expenses to defendants and on what terms
  3. 3 Whether disclosure order and inspection order should operate pending discharge application

Ratio Decidendi

The court continued the ex parte injunction pending determination, allowed limited variation to permit the 1st defendant weekly living expenses of HK$30,000 on filing a corroborating affidavit and legal expenses at HK$300,000/week subject to an overall cap of HK$2.1 million, kept the disclosure order in force but stayed the inspection order pending the substantive hearing and/or discharge application while permitting the plaintiff liberty to apply to lift the stay; time limits for filing evidence and compliance were fixed and costs were ordered in the cause with a certificate for two counsel.

Court Disposition

Ex parte injunction continued; variation granted for limited living and legal expenses; disclosure order to remain pending; inspection order stayed; timetable for evidence and hearing fixed; costs in the cause; leave to appeal granted without interim stay of disclosure.

Orders

  • Ex parte injunction of 23 July 2014 continued until determination of the originating summons or further order
  • Defendants allowed six weeks from date of decision to file evidence in opposition to the originating summons