TONG HOK TAK, DAFFY & OTHERS v. BEVERLY CONSULTANTS LTD & OTHERS

TONG HOK TAK, DAFFY & OTHERS v. BEVERLY CONSULTANTS LTD & OTHERS

The court held that paragraph 2, to be workable, requires the parties to open a separate bank account and accordingly amended paragraph 1 to permit transfer of the disputed sum into such an account to be opened forthwith by the 3rd Plaintiff and the 1st Defendant; the court refused to grant the further substantive injunction sought in paragraph 2 of the amended summons; the court accepted the 3rd Plaintiff's undertaking as to damages in relation to the limited extension; and ordered costs in the cause.

Citation
TONG HOK TAK, DAFFY & OTHERS v. BEVERLY CONSULTANTS LTD & OTHERS
Parties
1st Plaintiff: TONG HOK TAK, DAFFY; 2nd Plaintiff: CHEUNG LOOK PING, OPHELIA; 3rd Plaintiff: GOLDEN VALLEY AGENTS LIMITED; 1st Defendant: BEVERLY CONSULTANTS LTD; 2nd Defendant: LEONG WING JANN, ALVIN also known as ALVIN LEONG; 3rd Defendant: STAR WORLD INTERNATIONAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 October 2003
Case Number
HCA2617/2003
Procedural Posture
Civil Injunction (interim) / Chambers Application for Clarification and Amendment of Injunction; Appeal Pending
Outcome
Paragraph 1 of the original injunction order amended to permit transfer to a separate bank account to be opened forthwith by the 3rd Plaintiff and the 1st Defendant; application for further substantive relief in paragraph 2 refused; undertaking as to damages accepted for the limited extension; costs in the cause.
Legal Topics
Clarification of Injunction, Separate Bank Account, Undertaking as to Damages, Costs, Interim Relief
Source Language
EN
Civil Procedure Injunctions Equity Appeals Clarification of Injunction Separate Bank Account Undertaking as to Damages Costs +1 more

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Parties

TONG HOK TAK, DAFFY

1st Plaintiff

CHEUNG LOOK PING, OPHELIA

2nd Plaintiff

GOLDEN VALLEY AGENTS LIMITED

3rd Plaintiff

BEVERLY CONSULTANTS LTD

1st Defendant

LEONG WING JANN, ALVIN also known as ALVIN LEONG

2nd Defendant

STAR WORLD INTERNATIONAL LIMITED

3rd Defendant

Procedural Posture

Civil Injunction (interim) / Chambers Application for Clarification and Amendment of Injunction; Appeal Pending

Legal Issues

  1. 1 Whether paragraph 2 of the injunction order requires opening a separate bank account
  2. 2 Whether the court has jurisdiction to clarify and amend its own injunction order
  3. 3 Whether to grant the further substantive injunction sought in paragraph 2 of the amended summons

Ratio Decidendi

The court held that paragraph 2, to be workable, requires the parties to open a separate bank account and accordingly amended paragraph 1 to permit transfer of the disputed sum into such an account to be opened forthwith by the 3rd Plaintiff and the 1st Defendant; the court refused to grant the further substantive injunction sought in paragraph 2 of the amended summons; the court accepted the 3rd Plaintiff's undertaking as to damages in relation to the limited extension; and ordered costs in the cause.

Court Disposition

Paragraph 1 of the original injunction order amended to permit transfer to a separate bank account to be opened forthwith by the 3rd Plaintiff and the 1st Defendant; application for further substantive relief in paragraph 2 refused; undertaking as to damages accepted for the limited extension; costs in the cause.

Orders

  • Paragraph 1 of the original injunction order is amended to allow transfer of the sum (approximately HK$1,700,000) to the separate bank account to be opened forthwith by the 3rd Plaintiff and the 1st Defendant in accordance with paragraph 2 of the original injunction order.
  • No order is made granting the further substantive injunction sought in paragraph 2 of the amended summons.