Hong Kong Case Law: Decisions & Judgments

Topic

Mareva freezing injunction

Legal area

Court

8 Jan 2026

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO-TIANDE GROUP LTD) AND OTHERS

Citation

[2026] HKCFI 202
Court

Court of First Instance
Case number

HCA2939/2016

In exceptional circumstances supported by holistic evidence giving good reason to suppose that assets ostensibly held by the defendant as trustee or nominee in fact belong beneficially to him, the court may grant a wider form of freezing injunction and ancillary disclosure that expressly covers such trust/nominee assets; where granted it must include safeguards (expedited variation procedure, extended cross-undertaking to beneficiaries and requirement to notify identified beneficiaries). This wider form is exceptional and requires proper evidential basis beyond mere speculation.
19 Mar 2025

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

Citation

[2025] HKCFI 898
Court

Court of First Instance
Case number

HCA551/2024

Because Xia deliberately failed to comply with a valid ancillary asset disclosure order, did not apply for an extension, and his asserted safety/location concerns were speculative and did not amount to something beyond his control, the court concluded the appropriate remedy was to grant an unless order requiring compliance by 4pm on 28 March 2025, failing which Xia will be debarred from filing a Defence; applications for leave to appeal or stay do not operate to extend time or stay the disclosure obligation.
15 Aug 2022

HUA SHE ASSET MANAGEMENT (SHANGHAI) CO LTD v. BEIJING YAOLAI INVESTMENT CO LTD

Citation

[2022] HKCFI 2549
Court

Court of First Instance
Case number

HCCT16/2021

The Award is manifestly valid on a brief consideration because it was upheld by the Shanghai supervisory court and the UK Court on substantially similar grounds; coupled with demonstrated risk of asset dissipation and substantial delay, it is just to impose security as a condition for further prosecution of the Set Aside Application; accordingly Kei must provide security of HK$1,000,000 for costs and RMB100,000,000 for the Award Debt within 21 days, with costs to be summarily assessed on the specified timetable.
12 Oct 2018

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS

Citation

[2018] HKCFI 2300
Court

Court of First Instance
Case number

HCA1062/2012

The master exercised discretion to refuse enforcement of the undertaking because the 3rd defendant failed to demonstrate a reasonably arguable case of loss causally attributable to the injunction; documentary evidence was lacking and allegations were speculative, therefore no inquiry and no damages were awarded.
16 Dec 1994

MERCEDES-BENZ AG v. LEIDUCK, HERBERT HEINZ HORST

Citation

MERCEDES-BENZ AG v. LEIDUCK, HERBERT HEINZ HORST
Court

Court of Appeal
Case number

CACV207/1994

O.12 r.8 does not require a foreign defendant to file an affidavit of merits to challenge jurisdiction; however the ex parte leave to serve out was wrongly granted because the plaintiff could not properly rely on O.11 r.1(1)(b) (no substantive injunction in the writ and reliance on a Mareva injunction cannot bootstrap jurisdiction) nor on (m) (no existing foreign judgment to enforce); accordingly the ex parte order of 29 April 1994 must be discharged and the appeal dismissed and costs awarded to the 1st defendant.

Hong Kong Case Law

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO-TIANDE GROUP LTD) AND OTHERS

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

HUA SHE ASSET MANAGEMENT (SHANGHAI) CO LTD v. BEIJING YAOLAI INVESTMENT CO LTD

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS

MERCEDES-BENZ AG v. LEIDUCK, HERBERT HEINZ HORST