Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pre-judgment disclosure

Legal area

Court

23 May 2019

HERBERT SMITH FREEHILLS (a firm) v. CHRIS AU RETRIBUTION LTD

Citation

[2019] HKCFI 1284
Court

Court of First Instance
Case number

HCA3030/2015

The court granted pre-hearing cross-examination of D1 and Ho and ordered disclosure/production of defined Payment Records because the Defendants had filed inconsistent evidence as to D1's beneficial interest in D2 and its bank accounts, the proposed cross-examination was likely to produce a useful result directly relevant to the substantive determination of whether a charging order should be made or the injunction discharged, and the order was proportionate and necessary in the interests of justice.
4 Apr 1989

BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD AND ANOTHER

Citation

BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1045/1989

The court applied the established Ninemia test (good arguable case plus a real risk that a judgment would remain unsatisfied) to both domestic and foreign assets, rejecting any separate, more onerous legal threshold (such as a requirement of reprehensible conduct) for worldwide Mareva relief; on the facts the plaintiff failed to prove sufficient evidence of disposable assets or a real unfair/artificial risk of dissipation, and therefore the ex parte Mareva injunctions were discharged as to the surviving applicants.