Hong Kong Case Law: Decisions & Judgments

Topic

Fortification/undertaking as to damages

Legal area

Court

10 Oct 2017

VE GLOBAL UK LTD v. CHARLES ALLARD JR AND ANOTHER

Citation

VE GLOBAL UK LTD v. CHARLES ALLARD JR AND ANOTHER
Court

Court of First Instance
Case number

HCMP1678/2017

Global, as the assignee of the Licence with notice served, has locus to seek interim relief in respect of Intelita's alleged breaches; on the evidence there is a serious issue to be tried and the balance of convenience favors continuing the injunctions to preserve confidential information and learned data held in 3rd party DSP/accounts pending arbitration; defendants must provide access to the accounts/data to Global (subject to payment of fees) and are restrained from further using or exploiting that confidential information; CA is not entitled to unfettered individual access to company bank…
7 Jun 2016

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

Citation

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4414/2001

Leave to appeal and the application to vary costs were dismissed because the Defendants failed to show reasonable prospects of success or that the judge's case management orders were plainly wrong in a way that would cause injustice or render the trial court incapable of performing its task; the written evidence and submissions had been fully considered so an oral 'top-up' would not have affected the outcomes and procedural economy/proportionality required refusal of leave.
27 Feb 2015

NGAI LEUNG, TOMMY v. SUNG NGAI YEUNG AND ANOTHER

Citation

NGAI LEUNG, TOMMY v. SUNG NGAI YEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA35/2015

Plaintiff demonstrated a good arguable case based on undisputed documentary indebtedness and insufficient evidence that the alleged settlement extinguished the debt; defendant’s representation in the Repayment Promise and his beneficial control of the company (70% shareholding and sole directorship) provide good reason to suppose the proceeds of sale are accessible to satisfy a judgment; real risk of dissipation existed; balancing convenience and lack of established hardship to the company, the court granted an interim Mareva injunction preserving the proceeds, ordered ancillary disclosure, d…
27 Jun 2014

ABLE SUCCESS ASIA LTD v. CHINA PACKAGING GROUP CO LTD AND OTHERS

Citation

ABLE SUCCESS ASIA LTD v. CHINA PACKAGING GROUP CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1120/2014

There is a serious issue to be tried that Able Success validly accepted the open offer and obtained an equitable interest in the subscribed shares which can be traced into the 149,838,335 shares held in the 2nd defendant's CCASS account; damages may be an inadequate remedy given the size and market consequences of the parcel; accordingly the interim injunction is continued in varied terms restraining disposal, voting and registration in respect of the traced shares subject to the plaintiff providing fortification of HK$3,000,000 and other ancillary directions.

Hong Kong Case Law

VE GLOBAL UK LTD v. CHARLES ALLARD JR AND ANOTHER

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

NGAI LEUNG, TOMMY v. SUNG NGAI YEUNG AND ANOTHER

ABLE SUCCESS ASIA LTD v. CHINA PACKAGING GROUP CO LTD AND OTHERS