23 Feb 2026
CHINACHEM CHARITABLE FOUNDATION LTD v. THE SECRETARY FOR JUSTICE AND ANOTHER
- Citation
- [2026] HKCFI 1129
- Court
- Court of First Instance
- Case number
- HCMP93/2023
The Reimbursement Application is dismissed because the Foundation lacks locus to invoke Order 85 for a post‑hoc indemnity, there is no free‑standing entitlement to indemnity from the estate in these contentious probate circumstances (no applicable exceptions), the Costs Order is final and the application is barred by Henderson v Henderson and functus officio, and in any event the application is an abuse of process and the court would refuse relief in exercise of its discretion given long delay, lack of necessity (donations and recoveries cover costs) and collateral purposes to bolster solvenc…