Hong Kong Case Law: Decisions & Judgments

Topic

Mareva/freezing injunctions

Legal area

Court

9 Oct 2025

鑫都集團有限公司 v. CHINA ENERGY DEVELOPMENT HOLDINGS LTD AND OTHERS

Citation

[2025] HKCFI 4769
Court

Court of First Instance
Case number

HCMP630/2024

The court has jurisdiction to entertain and seal stop notices and to grant stop orders under HCO s.55C and RHC O.50 rr.11‑15, including to grant relief in aid of foreign arbitration where the relief is directed at persons within the court's process (eg registrar and issuer). On the facts there is a serious issue to be tried on bindingness, limitation, duress and tracing; the court exercises its discretion to refuse to discharge the Stop Notice and to grant a Stop Order limited to 372,000,000 issued shares and CBs with principal amount HK$103,928,000, with leave for Xindu to file an amended st…
18 Mar 2025

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

Citation

[2025] HKCFI 897
Court

Court of First Instance
Case number

HCA551/2024

The court dismissed the Confidentiality Summons because Ms Ding failed to meet the high necessity threshold to depart from open justice under BOR Art 10; the Clarification Summons (other than a consented amendment to exclude a specified US$ amount) was refused because negative or anticipatory declarations were unnecessary, premature or would not serve practical utility, the JLL management issue had been appropriately resolved in the English court which was better placed to adjudicate, and the disclosure obligations ancillary to the Mareva injunction require strict and potentially ongoing comp…
4 Dec 2019

SBM BANK (MAURITIUS) LTD v. WARNER TRADING LTD AND OTHERS

Citation

[2019] HKCFI 2956
Court

Court of First Instance
Case number

HCA2416/2018

On the pleaded facts and evidence the court was satisfied the money received by the defendants originated from the plaintiff by fraud and that the defendants either participated or held the sums on constructive trust; default judgment and declarations were necessary to protect the plaintiff's proprietary rights and enable tracing; vesting orders under s52 TO and joinder of banks were appropriate to give effect to the proprietary claim where direct compliance by defendants might not occur; uncertainty as to current balances in accounts held with Heng Sang Bank required adjourning orders as to…
22 May 2009

SECURITIES AND FUTURES COMMISSION v. "C" AND OTHERS

Citation

SECURITIES AND FUTURES COMMISSION v. "C" AND OTHERS
Court

Court of Appeal
Case number

CACV319/2008

Section 213(2)(c) of the Securities and Futures Ordinance, read purposively and disjunctively with 'acquiring, disposing of or otherwise dealing in', confers power to grant freezing (Mareva-type) orders as a free-standing statutory remedy; where the alleged wrongdoing and proceeds are connected to Hong Kong Order 11 r.1(1)(b) permits service out for defendants with relevant acts or assets in the jurisdiction, and Order 11 r.1(1)(c) permits service out of parties abroad who are necessary or proper parties to claims against those served in Hong Kong; leave to amend to plead s.213(2)(b) restitut…
3 Sept 2007

LIBERTARIAN INVESTMENTS LTD v. THOMAS ALEXEJ HALL

Citation

LIBERTARIAN INVESTMENTS LTD v. THOMAS ALEXEJ HALL
Court

Court of First Instance
Case number

HCMP1435/2007

The court refused to extend time for appealing the disclosure order because, having reviewed the matter, the disclosure order was properly framed in amount and there was no sufficient reason to exercise the court's discretion to grant leave to appeal despite the commencement of contempt proceedings.

Hong Kong Case Law

鑫都集團有限公司 v. CHINA ENERGY DEVELOPMENT HOLDINGS LTD AND OTHERS

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

SBM BANK (MAURITIUS) LTD v. WARNER TRADING LTD AND OTHERS

SECURITIES AND FUTURES COMMISSION v. "C" AND OTHERS

LIBERTARIAN INVESTMENTS LTD v. THOMAS ALEXEJ HALL