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Hong Kong decisions
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The court joined Jean-Marc Peretti as a defendant, refused defendants’ interpleader relief, ordered further disclosure, delivery up to an independent custodian, and payment of proceeds into court.
The Court of First Instance dismissed applications for leave to appeal and for a stay against an interim receivership order over assets in the Evergrande litigation.
Defendant failed to comply with a clear mandatory injunction and subsequent court order to appoint an independent certified expert and to produce a satisfactory certificate; the court had explained the order and consequences to the defendant and she neither filed evidence nor attended; on the criminal standard beyond reasonable doubt the defendant was found to have the requisite culpable state of mind and was therefore guilty of contempt; committal to prison until further order and costs on an indemnity basis were appropriate.
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The court accepted the plaintiff’s evidential account that the amended originating summons was personally tendered and refused by the first defendant, such attempted handover satisfied the Regional Court Rules for service; the first defendant therefore failed to file the required acknowledgements/defence, the registration and consequential orders complied with applicable rules, and the proposed grounds of appeal did not have a reasonable prospect of success, so leave to appeal was refused and costs awarded.
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The court dismissed two Mareva injunction applications, finding no solid basis to infer a real risk of dissipation and noting delay, asset stability, and disputed novation evidence.
The court dismissed relief from sanction for non-compliance with asset disclosure orders, continued a Chabra injunction, ordered further disclosure, and appointed independent receivers over Mr Xia’s assets.
The Court of First Instance allowed a security for costs appeal, holding that the plaintiff had misstated her address and failed to prove the mistake was innocent.
The Court of First Instance continued a Mareva injunction, finding a good arguable case, assets in Hong Kong, and a real risk of dissipation through alleged sham transfers.
The court struck out the originating pleadings in all three HCMP matters because each pleading failed to disclose a reasonable cause of action, were malicious, frivolous, vexatious and amounted to an abuse of court process; claims against the judicial officer were impermissible as barred by Basic Law Article 85; the court therefore granted strike-out relief, made a temporary restriction order (vexatious litigant order) for two years with specified procedural conditions and made a provisional costs order on an indemnity basis against the plaintiff, with timelines for applications to vary or op…
Source excerpt
The court dismissed the plaintiffs’ summons for leave to appeal, refused a stay, and awarded costs to the 1st defendant after a forum non conveniens ruling.
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