LEE CHI KEUNG AND OTHERS v. WONG CHI CHIN AND OTHERS

LEE CHI KEUNG AND OTHERS v. WONG CHI CHIN AND OTHERS

All interlocutory summonses were dismissed: plaintiffs failed to justify admission of late expert fund-tracing reports (delay would prejudice defendants and require adjournment); defendants' applications to adduce further evidence were dismissed for delay and lack of necessity; preservation order and proprietary injunction were refused because plaintiffs failed to show something ought to be done for security of the property given the substantial net equity in the properties meaning damages would be adequate and enforcement feasible; most discovery requests under Order 24 r.10 were rejected because pleadings did not make direct reference to documents or documents were not in defendants'...

Citation
[2022] HKCFI 3315
Parties
1st Plaintiff (hca1878/2020, Hca1879/2020, Hca1880/2020): Lee Chi Keung; 2nd Plaintiff (hca1878/2020, Hca1879/2020, Hca1880/2020): Chan Shing; 1st Plaintiff (hca1881/2020): Lit Hei King; 1st Defendant (hca1878/2020, Hca1879/2020, Hca1880/2020): Wong Chi Chin; 2nd Defendant (hca1878/2020, Hca1879/2020, Hca1880/2020) and 1st Defendant (hca1881/2020): Tse Shuk Fong; 3rd Defendant (hca1878/2020): Max Dragon International Investment Limited; 3rd Defendant (hca1879/2020): Lucky Honest International Limited; 3rd Defendant (hca1880/2020): Mega Dragon International Investment Limited; 3rd Defendant (hca1881/2020): Wisdom Well Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2022
Case Number
HCA1878/2020
Procedural Posture
Civil Proceedings: Interlocutory Applications for Preservation Order, Proprietary Injunction, Account, Interim Relief and Discovery / Interlocutory Hearing on Summonses (determination of Interim Applications)
Outcome
Summonses dismissed in all respects (preservation order, proprietary injunction, interim orders, certain discovery and applications to adduce further evidence). Costs ordered in favour of defendants (costs nisi).
Legal Topics
Preservation Order, Proprietary Injunction, Constructive Trust, Resulting Trust, Discovery Under Order 24, Admission of Expert Evidence, Adequacy of Damages
Source Language
EN
Civil Procedure Company Law Trusts and Equitable Remedies Injunctions Evidence and Disclosure Preservation Order Proprietary Injunction Constructive Trust +4 more

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Parties

Lee Chi Keung

1st Plaintiff (hca1878/2020, Hca1879/2020, Hca1880/2020)

Chan Shing

2nd Plaintiff (hca1878/2020, Hca1879/2020, Hca1880/2020)

Lit Hei King

1st Plaintiff (hca1881/2020)

Wong Chi Chin

1st Defendant (hca1878/2020, Hca1879/2020, Hca1880/2020)

Tse Shuk Fong

2nd Defendant (hca1878/2020, Hca1879/2020, Hca1880/2020) and 1st Defendant (hca1881/2020)

Max Dragon International Investment Limited

3rd Defendant (hca1878/2020)

Lucky Honest International Limited

3rd Defendant (hca1879/2020)

Mega Dragon International Investment Limited

3rd Defendant (hca1880/2020)

Wisdom Well Investment Limited

3rd Defendant (hca1881/2020)

Procedural Posture

Civil Proceedings: Interlocutory Applications for Preservation Order, Proprietary Injunction, Account, Interim Relief and Discovery / Interlocutory Hearing on Summonses (determination of Interim Applications)

Legal Issues

  1. 1 Whether plaintiffs established a serious issue to be tried that a constructive/resulting trust arose in respect of company-held property
  2. 2 Whether a preservation order or proprietary injunction should be granted to secure rental income/funds
  3. 3 Whether plaintiffs would be adequately compensated by damages and whether damages are an adequate remedy

Ratio Decidendi

All interlocutory summonses were dismissed: plaintiffs failed to justify admission of late expert fund-tracing reports (delay would prejudice defendants and require adjournment); defendants' applications to adduce further evidence were dismissed for delay and lack of necessity; preservation order and proprietary injunction were refused because plaintiffs failed to show something ought to be done for security of the property given the substantial net equity in the properties meaning damages would be adequate and enforcement feasible; most discovery requests under Order 24 r.10 were rejected because pleadings did not make direct reference to documents or documents were not in defendants'...

Court Disposition

Summonses dismissed in all respects (preservation order, proprietary injunction, interim orders, certain discovery and applications to adduce further evidence). Costs ordered in favour of defendants (costs nisi).

Orders

  • All summonses dismissed
  • Plaintiffs to bear defendants' costs of the summonses (costs order nisi)