Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rescission for mistake
  • 13 Nov 1985

    OVERSEAS TRUST BANK LTD v. CHANG LEE SIAN AND OTHERS

    Citation
    OVERSEAS TRUST BANK LTD v. CHANG LEE SIAN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA3780/1985

    The consent injunction of 21 June 1985, including the savings in paragraph 4, was expressed to operate "until further order" and therefore the court had jurisdiction to vary it; given the 3rd defendant's admitted substantial US bank account accessible for his subsistence, the court should delete paragraph 4(b) to prevent dissipation of assets within the jurisdiction; the plaintiff did not enter the order under a relevant mistake and the onus did not lie on the defendant to disclose his foreign accounts at that stage, but the existence of the foreign accounts justified variation of the injunct…