HAN’S REAL ESTATE (HONG KONG) LTD AND OTHERS v. APEX CONSTRUCTION HOLDINGS CO LTD AND OTHERS

HAN’S REAL ESTATE (HONG KONG) LTD AND OTHERS v. APEX CONSTRUCTION HOLDINGS CO LTD AND OTHERS

The court found that three deponents had retracted or disowned parts of their affirmations and the fourth deponent admitted two specific inaccuracies; those false or inaccurate statements were material to the ex parte application but, with the identified inaccuracies removed, there remained a credible evidential basis for the injunction. Balancing the need to deter use of false evidence against the injustice of depriving the plaintiff of interim protection, the court exercised its discretion to continue the undertakings in their original terms and dismissed the defendants' summons to be released from undertakings.

Citation
[2021] HKCFI 2002
Parties
1st Plaintiff: HAN’s real estate (hong kong) limited; 2nd Plaintiff: Choi Shiu Sum Philip; 3rd Plaintiff: Wan Tak Fai Danny; 4th Plaintiff: Choi Jason Stuart; 1st Defendant: Apex construction holdings Company Limited; 2nd Defendant: Law wai hung; 3rd Defendant: wu chi lap
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 2021
Case Number
HCA1886/2018
Procedural Posture
Civil Injunction Application / Interlocutory (application to Discharge Undertakings)
Outcome
Defendants' summons dismissed; Undertakings remain in effect
Legal Topics
Ex Parte Injunction, Undertakings, Non Disclosure, False or Inaccurate Evidence, Materiality of Evidence, Discretion to Continue Injunction
Source Language
EN
Civil Procedure Equity Injunction Criminal Evidence (collateral Use) Ex Parte Injunction Undertakings Non Disclosure False or Inaccurate Evidence +2 more

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Parties

HAN’s real estate (hong kong) limited

1st Plaintiff

Choi Shiu Sum Philip

2nd Plaintiff

Wan Tak Fai Danny

3rd Plaintiff

Choi Jason Stuart

4th Plaintiff

Apex construction holdings Company Limited

1st Defendant

Law wai hung

2nd Defendant

wu chi lap

3rd Defendant

Procedural Posture

Civil Injunction Application / Interlocutory (application to Discharge Undertakings)

Legal Issues

  1. 1 Whether affirmations filed in support of an ex parte injunction contained false or inaccurate statements
  2. 2 Whether those false or inaccurate statements were material to the grant of the ex parte injunction
  3. 3 Whether the defendants should be released from undertakings given on the return day as a consequence

Ratio Decidendi

The court found that three deponents had retracted or disowned parts of their affirmations and the fourth deponent admitted two specific inaccuracies; those false or inaccurate statements were material to the ex parte application but, with the identified inaccuracies removed, there remained a credible evidential basis for the injunction. Balancing the need to deter use of false evidence against the injustice of depriving the plaintiff of interim protection, the court exercised its discretion to continue the undertakings in their original terms and dismissed the defendants' summons to be released from undertakings.

Court Disposition

Defendants' summons dismissed; Undertakings remain in effect

Orders

  • Dismiss the 1st and 2nd defendants' summons dated 5 October 2020
  • The undertakings given by the 1st and 2nd defendants on 14 September 2018 remain in force in their original terms