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Hong Kong Case Law

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Civil [2025] HKCFI 5618

CHINA EVERGRANDE GROUP (IN LIQUIDATION) v. HUI KA YAN AND OTHERS

The Court of First Instance granted China Evergrande Group leave to vary undertakings so it could pursue freezing-order enforcement proceedings in Jersey, Gibraltar, Canada and Singapore.

  • Variation of undertakings
  • Jurisdiction to enforce abroad
  • Risk of dissipation
  • Proportionality
  • Oppression and multiplicity of proceedings
  • Injunction-variation
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Civil procedure [2025] HKCFI 898

CHINA EVERGRANDE GROUP (IN LIQUIDATION) v. HUI KA YAN AND OTHERS

The Court granted an unless order requiring Xia to comply with ancillary asset disclosure by 28 March 2025, failing which he would be debarred from filing a Defence.

  • Mareva freezing injunction
  • Ancillary asset disclosure
  • Unless order
  • Stay pending appeal
  • Leave to appeal
  • Debarring from filing a defence
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Company law [2024] HKCFI 259

THE JOINT AND SEVERAL LIQUIDATORS OF GREEN ELITE LTD (IN OFFICIAL LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) v. STANDARD CHARTERED BANK (HONG KONG) LTD

The Court of First Instance granted limited bank disclosure to trace Green Elite’s director’s debt, but refused broader discovery about sale proceeds already traced in BVI proceedings.

  • Norwich pharmacal order
  • Bankers' books disclosure
  • Tracing
  • Recognition of foreign liquidation
  • Enforcement of foreign judgment
  • Disclosure orders
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Arbitration [2023] HKCFI 3316

G v. X AND OTHERS

Hong Kong’s Court of First Instance held that a CIETAC award remained valid and binding despite Mainland re-arbitration proceedings, and allowed enforcement.

  • Recognition and enforcement of foreign arbitral awards
  • Setting aside and re-arbitration
  • Stay of enforcement
  • Mareva injunction
  • Costs
  • Arbitration-enforcement
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Civil procedure [2023] HKCA 889

INDIAN OVERSEAS BANK v. SEABULK SYSTEMS INC. AND OTHERS

The Court of Appeal refused a stay of execution pending appeal, finding only an arguable appeal and insufficient evidence of bankruptcy risk or other serious deleterious effect.

  • Stay of execution pending appeal
  • Misrepresentation
  • Negligence
  • Lender's duty
  • Assignment of guarantees
  • Enforcement and registration of foreign judgments
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Admiralty/maritime [2022] HKCFI 1631

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “DCOC 3” AND “DCOC 4” AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL OF THE SHIP OR VESSEL

The Court of First Instance ordered the 2nd Plaintiff to provide HK$600,000 security for costs, but refused reciprocal security against the 1st Plaintiff.

  • Security for costs
  • Reciprocal security in collision actions
  • Order 75 rule 27
  • Order 23 rule 1
  • Inevitable accident defence
  • Mooring negligence
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Contract law [2022] HKCFI 1295

TRANSASIA PRIVATE CAPITAL LTD v. CHENG YU

The court dismissed an appeal against dismissal of a stay and setting-aside application, upholding service under a process-agent clause and rejecting estoppel by convention.

  • Asymmetric jurisdiction clause
  • Lis alibi pendens
  • Service of process under contractual process agent
  • Estoppel by convention
  • Default judgment
  • Setting aside judgment
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Civil procedure [2021] HKDC 1442

KAEFER A.G. v. WINFIELD MARINE SERVICES CO., LTD

The District Court refused leave to appeal and a stay of execution, holding the defendant’s proposed grounds on summary judgment and security for costs were unarguable.

  • Summary judgment
  • Security for costs
  • Leave to appeal
  • Change of position defence
  • Bona fide purchaser for value without notice
  • Reciprocal enforcement of foreign judgments
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Family law [2021] HKFC 120

LCG v. IK

The court dismissed a father's relocation application, granted joint custody, and placed care and control of a young child with the mother in Hong Kong.

  • Care and control
  • Relocation of child
  • Wardship
  • Enforcement of foreign/prc orders
  • Child welfare and best interests
  • Child-relocation
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Civil procedure [2021] HKCFI 685

AGRITRADE RESOURCES LTD THROUGH THE JOINT PROVISIONAL LIQUIDATORS NG KIAN KIAT, OON SU SUN AND E. ALEXANDER WHITTAKER AND ANOTHER v. ASHOK KUMAR SAHOO

The court continued a worldwide Mareva injunction in a reduced amount, granted ancillary disclosure, and refused a Singapore carve-out, while allowing limited leave to enforce in Singapore.

  • Mareva injunction
  • Freezing order
  • Disclosure orders
  • Undertakings
  • Asset dissipation
  • Reflective loss
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.