Hong Kong Case Law: Decisions & Judgments

Topic

Mareva/freeze injunctions

Legal area

Court

4 Apr 2019

CHAN SAU WAI SHIRLEY v. JEN KIT JOSEPHINE, THE ADMINISTRATRIX OF THE ESTATE OF THE DECEASED AND ANOTHER

Citation

[2019] HKCFI 879
Court

Court of First Instance
Case number

HCMP106/2017

The court must scrutinise applications for consolidation and substituted service carefully; consent of parties is not by itself decisive if consolidation is not appropriate or expedient; substituted service and the validity of a grant of Letters of Administration are reviewable where there is evidence of material non-disclosure or misconduct potentially affecting the grant.
29 Nov 2011

THE JOINT AND SEVERAL TRUSTEES of the property of KARSON OTEN FAN, KARNO (in bankruptcy) v. KONG SUK CHUN AND OTHERS

Citation

THE JOINT AND SEVERAL TRUSTEES of the property of<br>KARSON OTEN FAN, KARNO (in bankruptcy) v. KONG SUK CHUN AND OTHERS
Court

Court of First Instance
Case number

HCMP1101/2011

The court rejected the defendants' jurisdictional challenge: in proceedings asserting proprietary rights the court has jurisdiction to order disclosure, including historical accounts useful for tracing the plaintiff's property at interlocutory stage; the distinction between a Mareva/in personam injunction and an injunction to preserve proprietary rights is not determinative of the availability of disclosure orders in this case; the defendants' initial disclosure was unsatisfactory and further, more specific disclosure should be ordered, but temporal scope must be limited to documents and acco…
24 Sept 2009

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v. HO WING ON, CHRISTOPHER AND OTHERS

Citation

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v. HO WING ON, CHRISTOPHER AND OTHERS
Court

Court of First Instance
Case number

HCMP1718/2009

Leave to appeal was refused and the appointment of receivers upheld because, on the material before the court, there was good reason to suppose the 1st defendant had substantive control over the trust assets (despite nominal trust ownership), a real risk of dissipation existed, and Accolade had not shown sufficient justification for delay or need for adjournment; interlocutory relief was therefore appropriate to preserve assets pending fuller investigation.

Hong Kong Case Law

CHAN SAU WAI SHIRLEY v. JEN KIT JOSEPHINE, THE ADMINISTRATRIX OF THE ESTATE OF THE DECEASED AND ANOTHER

THE JOINT AND SEVERAL TRUSTEES of the property of KARSON OTEN FAN, KARNO (in bankruptcy) v. KONG SUK CHUN AND OTHERS

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v. HO WING ON, CHRISTOPHER AND OTHERS