14 Mar 2018
COSIMO BORRELLI as Trustee of the SFC LITIGATION TRUST v. ALLEN TAK YUEN CHAN AND OTHERS
- Citation
- [2018] HKCA 139
- Court
- Court of Appeal
- Case number
- CACV149/2017
Read fairly the Order 52(2)(2) statement contained sufficient factual particulars to disclose the substance of the alleged non‑party contempt despite some mis‑characterisations; although the statement omitted an explicit averment of the defendants' knowledge of the source of funds (a necessary factual element), in the exceptional circumstances and on the material before the ex parte judge there was no prejudice and the court properly exercised its discretion to refuse to set aside the Leave Order and permit amendment.