9 Sept 2022
LUI WAI YEE EUNICE ADMINISTRATRIX OF THE ESTATE OF UY MOON ENG, DECEASED v. SUN DAVID TSE CHIEN
- Citation
- [2022] HKCFI 2585
- Court
- Court of First Instance
- Case number
- HCA1322/2018
Leave to adduce the fresh evidence was granted because exceptional circumstances existed and the new evidence was credible and directly relevant; on the American Cyanamid test there was a serious issue to be tried and the balance of convenience favoured preservation of the fund given credible evidence of misappropriation and uncertainty as to the Administratrix's ability or willingness to repay; accordingly a general injunction freezing the three HSBC accounts and the Administratrix's specified personal account was justified, with specified costs directions.