Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Removal of attorney

Legal area

Court

8 Jun 2020

WONG CHI HO JIMMY v. WONG OI LUN, by Stephen Liu Yiu Keung, Koo Chi Sum and Andrew Koo Chi Ho, her guardians ad litem WONG TAI WAI DAVID JASPER

Citation

[2020] HKCFI 1073
Court

Court of First Instance
Case number

HCMP1672/2016

The court found that Jimmy has locus to seek relief under s11(1) in the circumstances (the Committee was before the court and supported the relief; s11 does not require production solely to the applicant), and there was strong prima facie evidence of misuse of WOL's assets by David under the EPOA. Accordingly the court exercised its discretion to order the 2nd defendant to produce records and accounts for investigation and ordered costs against the 2nd defendant.
20 Feb 2019

KWOK CHI YIN v. KWOK YAU KI JESSE AND ANOTHER

Citation

[2019] HKCFI 428
Court

Court of First Instance
Case number

HCMP3614/2016

Given undisputed transfers from the donor to the 1st defendant and the uncooperative conduct, the court finds prima facie breaches of fiduciary duty sufficient to order production of records and accounts under s.11(1) Cap.501; there was a real risk of dissipation justifying an interlocutory injunction; accordingly the 1st defendant must produce accounts and pay the plaintiff's costs, to be summarily assessed, while the proceedings are stayed pending the plaintiff's Part II Mental Health application.