Hong Kong Case Law

速曉明 對 畢馬威會計師事務所 (KPMG)

Court

Court of First Instance

Case number

HCA553/2025

The court found the proposed appeal (CACV 334/2026) had no arguable points; the applicant's purported new evidence did not support the claim and no basis was shown that the appellate court would permit it. Consequently the stay application was refused and the applicant was ordered to pay the respondent's costs of the stay application on an indemnity (recompense) basis because the underlying claims had been found frivolous, abusive and an abuse of process.

Source excerpt

• Stay of execution
• Interlocutory relief
• Indemnity costs
• Frivolous and abusive claims
• Admission of new evidence on appeal

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EVERCARE HEALTH LTD v. SO LAI KAN also known as GOBBY SO AND OTHERS

Court

District Court

Case number

DCCJ3316/2025

The District Court continued a proprietary-cum-Mareva injunction over HK$255,470 paid into the 2nd defendant’s MOX account, finding good arguable claims and dissipation risk.

• Proprietary injunction
• Mareva injunction
• Unjust enrichment
• Dishonest assistance
• Unlawful means conspiracy
• Asset tracing

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KWOK LAI SHEUNG v. MORE INSURANCE BROKER COMPANY LTD AND OTHERS

Court

District Court

Case number

DCCJ5984/2024

The District Court dismissed summonses to continue ex parte Mareva injunctions, finding a good arguable fraud case but no real risk of dissipation.

• Mareva injunction
• Deceit (fraud)
• Constructive trust
• Unlawful means conspiracy
• Disclosure orders
• Risk of dissipation

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VASILY TRUBNIKOV v. EVGENY VOLOSOV AND OTHERS

Court

Court of First Instance

Case number

HCA139/2024

The court refused to vary an adverse costs order after an unsuccessful interlocutory proprietary injunction application, holding that costs should follow the event.

• Proprietary injunction
• Interlocutory relief
• Costs orders
• Summary assessment of costs
• Follow the event principle
• Abuse of process

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VASILY TRUBNIKOV v. EVGENY VOLOSOV AND OTHERS

Court

Court of First Instance

Case number

HCA139/2024

The Court of First Instance refused leave to appeal and declined to preserve US$60.5M, holding the proposed appeal had no reasonable prospect of success.

• Leave to appeal
• Proprietary injunction
• Asset preservation (mareva)
• Risk of dissipation
• Abuse of process
• Balance of convenience

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WELLY GRACE LTD AND OTHERS v. KEUNG YEE MAN AND OTHERS

Court

Court of First Instance

Case number

HCA649/2023

高院原訟庭准許第9被告就HK$78,000存入法庭以解除臨時專有禁制令，並裁定原告須支付本申請費用HK$60,000。

• Payment into court
• Consent order variation
• Abuse of process (henderson)
• Interlocutory relief
• Payment-into-court
• Interim-injunctions

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李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

Court

Court of Appeal

Case number

CAMP20/2024

Court of Appeal refused leave to appeal against dismissal of a proprietary injunction, holding the proposed appeal had no reasonable prospect of success.

• Proprietary injunction
• Balance of convenience
• Leave to appeal
• Delay
• Interlocutory relief
• Proprietary-injunction

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偉富企業有限公司 對 李家明

Court

District Court

Case number

DCMP178/2023

The court refused the extension of time and dismissed the late appeal because the appellant offered an inadequate explanation for the delay (no contemporaneous affidavit explaining the delay when filing), the delay was not trivial (over three weeks), the appellant's prospects of success were poor given that his defences concerned unrelated disputes with a separate developer entity and did not legally excuse repayment under the mortgage, and the appellant failed to show prejudice that would justify continuing the interim stay; accordingly the interim stay was revoked and costs awarded to the r…

Source excerpt

• Extension of time for filing appeal
• Stay of execution
• Possession
• Corporate veil
• Interlocutory relief

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HO WAI YIN AND OTHERS v. CHENG SUET YEE

Court

Court of First Instance

Case number

HCAP18/2003

The court released the defendant from a limited undertaking restraining dealings with a property, noting long dormancy, lack of opposition, and that the property was outside the disputed estate.

• Release of undertaking
• Undertaking as security
• Letters of administration
• Dormant proceedings
• Interlocutory relief
• Probate

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RE CHUI TAK KEUNG DUNCAN

Court

Court of First Instance

Case number

HCBI2/2021

The Court of First Instance dismissed the debtor’s application to vary a costs order nisi, holding that the creditor had reasonably needed to litigate for discovery and that the order was not disproportionate.

• Costs orders
• Discovery summons
• Without prejudice correspondence
• Certificate for counsel
• Interlocutory relief
• Costs-orders

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