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Hong Kong decisions
Decisions matching the current search
High Court dismissed trustees’ s.29 Bankruptcy Ordinance summons, holding CNIL and Mr Cheung were bona fide funders, not David Ho nominees.
The Court of First Instance joined non-parties for costs and made a nisi joint and several costs order where Kwok and his companies were found to have driven and funded risk-free litigation.
The Court of First Instance dismissed a creditor’s application under s.255 for disclosure of a liquidators’ litigation strategy and funding terms, finding the request unjustified and potentially prejudicial.
The court ordered interim child maintenance and litigation funding, backdated part of the maintenance, and drew adverse inferences from the father’s non-disclosure.
District Court appeal over joinder and non-party costs order dismissed. The judge held the applications were delayed, lacked prior warning, and failed on the merits.
The Court of Appeal allowed trustees’ appeal under s.29 of the Bankruptcy Ordinance and ordered production of information and documents about litigation funding.
The Family Court dismissed a wife’s application for litigation funding, holding that she had readily deployable assets and failed the Currey test.
The Family Court granted interim child maintenance of HKD 463,400 per month and refused litigation funding, applying a broad-brush assessment of immediate needs.
Court held no Quistclose trust arose over HK$3 million paid into court to fortify a Mareva undertaking, and ordered payment out to the 3rd Defendant first.
The court awarded maintenance pending suit, interim child maintenance and litigation funding after finding the respondent could pay more than he claimed and excluding inadmissible evidence.
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