YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS

The ex parte injunction was set aside because the plaintiff failed to establish the requisite urgency or need for secrecy — the Receivers had prior correspondence, knew the defendant's solicitors and had time to apply inter partes — and there was no justification for bypassing notice; the court did not find material nondisclosure sufficient to require setting aside on that ground.

Citation
YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS
Parties
Plaintiff: YIFUNG DEVELOPMENTS LIMITED; 1st Defendant: LIU CHI KEUNG RICKY; 2nd Defendant: HO SING CHUNG ROBERT; 3rd Defendant: CHOY SIU FUNG REBECCA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2014
Case Number
HCA1341/2014
Procedural Posture
Company/receivership Dispute With Interlocutory Injunction / Application to Discharge Ex Parte Injunction (interim Stage)
Outcome
The ex parte injunction granted by DHCJ Wilson Chan was set aside and discharged
Legal Topics
Ex Parte Injunctions, Material Nondisclosure in Ex Parte Applications, Urgency and Secrecy, Mandatory Injunctions, Appointment of Receivers, Inter Partes Vs Ex Parte Practice
Source Language
EN
Company Law Equity Civil Procedure Receivership Mortgage Enforcement Ex Parte Injunctions Material Nondisclosure in Ex Parte Applications Urgency and Secrecy +3 more

Case Brief

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Parties

YIFUNG DEVELOPMENTS LIMITED

Plaintiff

LIU CHI KEUNG RICKY

1st Defendant

HO SING CHUNG ROBERT

2nd Defendant

CHOY SIU FUNG REBECCA

3rd Defendant

Procedural Posture

Company/receivership Dispute With Interlocutory Injunction / Application to Discharge Ex Parte Injunction (interim Stage)

Legal Issues

  1. 1 Whether the ex parte injunction was justified by urgency or need for secrecy
  2. 2 Whether there were material nondisclosures in the plaintiff's ex parte application
  3. 3 Whether mandatory relief carrying final dispositive effect had been properly justified

Ratio Decidendi

The ex parte injunction was set aside because the plaintiff failed to establish the requisite urgency or need for secrecy — the Receivers had prior correspondence, knew the defendant's solicitors and had time to apply inter partes — and there was no justification for bypassing notice; the court did not find material nondisclosure sufficient to require setting aside on that ground.

Court Disposition

The ex parte injunction granted by DHCJ Wilson Chan was set aside and discharged

Orders

  • The ex parte orders granted on 16 July 2014 by DHCJ Wilson Chan are set aside and discharged by Recorder Pow SC on 25 July 2014.