Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Release of funds for legal costs

Legal area

Court

21 Feb 2014

HONG KONG LIFE INSURANCE LTD v. FUNG SIU CHEUNG MICHAEL AND OTHERS

Citation

HONG KONG LIFE INSURANCE LTD v. FUNG SIU CHEUNG MICHAEL AND OTHERS
Court

Court of First Instance
Case number

HCA1164/2012

D9 failed Stage 1 of the applicable test because she did not provide sufficient evidence to show she had no other available assets or adequately explain transfers and use of funds; therefore court need not reach Stage 2 and the application to vary the Mareva injunction is dismissed.
21 Jan 2010

WHARF LTD AND OTHERS v. LAU YUEN HOW AND OTHERS

Citation

WHARF LTD AND OTHERS v. LAU YUEN HOW AND OTHERS
Court

Court of First Instance
Case number

HCA1535/2008

The application to release stakeheld sale proceeds was dismissed because the 2nd Defendant failed the first limb of the Ostrich two-stage test by not adducing full and frank evidence that no other funds were available to meet legal costs and, alternatively, the court concluded on the interlocutory material that there was a strong prima facie proprietary claim over the proceeds so the balance of injustice favoured the plaintiffs.