LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS

LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS

Because the 1st defendant had no other funds and the solicitors' contingent arrangement did not establish available resources, and because the defence was not shown to be hopeless on the evidence heard, the court exercised its discretion to vary the injunction and permit limited withdrawals (HK$623,800) for living and legal expenses until 13 January 2006, balancing potential injustice to both parties.

Citation
LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS
Parties
Plaintiff: Plaintiffs; 1st Defendant: Liu Bo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 December 2005
Case Number
HCA5474/2001
Procedural Posture
Civil (proprietary Claim and Injunction) / Interim Application to Vary Freezing Injunction During Trial (court of First Instance)
Outcome
Application allowed to vary injunction; limited withdrawal permitted
Legal Topics
Proprietary Claim to Bank Funds, Variation of Freezing Injunction, Legal Representation Funding, Assessment of Merits at Interim Stage, Living Expenses Allowance
Source Language
EN
Civil Trusts and Property Injunctions Costs and Funding Civil Procedure Proprietary Claim to Bank Funds Variation of Freezing Injunction Legal Representation Funding +2 more

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Parties

Plaintiffs

Plaintiff

Liu Bo

1st Defendant

Procedural Posture

Civil (proprietary Claim and Injunction) / Interim Application to Vary Freezing Injunction During Trial (court of First Instance)

Legal Issues

  1. 1 Whether the 1st defendant may withdraw funds from bank accounts claimed by the plaintiff
  2. 2 Whether the defendant has other funds available to meet legal costs
  3. 3 Whether the defendant's defence has sufficient merit to justify permitting withdrawals

Ratio Decidendi

Because the 1st defendant had no other funds and the solicitors' contingent arrangement did not establish available resources, and because the defence was not shown to be hopeless on the evidence heard, the court exercised its discretion to vary the injunction and permit limited withdrawals (HK$623,800) for living and legal expenses until 13 January 2006, balancing potential injustice to both parties.

Court Disposition

Application allowed to vary injunction; limited withdrawal permitted

Orders

  • The injunction re‑granted by Fung DJ dated 24 October 2005 is varied to permit the 1st defendant Liu Bo to withdraw up to HK$623,800 from the Hang Seng Bank accounts maintained by him for living expenses and legal advice and representation according to schedules A and B annexed thereto
  • Permitted withdrawals to cover living expenses in Hong Kong and legal costs incurred and to be incurred until 13 January 2006