Hong Kong Case Law: Decisions & Judgments

Topic

Tracing assets

Legal area

Court

2 Apr 2026

EMBURSE INC v. GOLD SPRING GROUP HOLDINGS LTD AND ANOTHER

Citation

[2026] HKCFI 2032
Court

Court of First Instance
Case number

HCA495/2026

The injunctions against the 2nd Defendant were discharged because the plaintiff failed to adduce reasonable evidence that the specific funds remained under the 2nd Defendant's control (defeating the proprietary claim), there was no solid evidence of a real risk of dissipation (defeating the Mareva claim), and the ex parte application involved material non-disclosure and an unfortified undertaking which, together with the disproportionate disruption to the trustee's legitimate business, militated against continuing the freezing relief.
19 Nov 2024

WONG HING MO v. STANDARD CHARTERED BANK (HONG KONG) LTD

Citation

[2024] HKDC 1967
Court

District Court
Case number

DCMP5815/2024

There was cogent and compelling evidence that the plaintiff was defrauded into depositing HK$100,000 into the Subject Account, the narrowly defined disclosure sought was likely to identify the account holder and contact details thereby enabling preservation or recovery of assets or service of proceedings, and the Bank raised no substantive objection; accordingly disclosure under s21 EO and/or Norwich Pharmacal relief was justified and granted as per the draft order.
3 May 2018

THE JOINT & SEVERAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC v. SAMSON TSANG TAK YUNG

Citation

[2018] HKCA 252
Court

Court of Appeal
Case number

CACV46/2015

Section 221(3)'s phrase 'relating to the company' must be construed to include at least the matters encompassed by s221(1)/s221(2); the documents sought by the Liquidators related to the Company because they were relevant to tracing assets and assessing the value and recoverability of potential causes of action, and production should be ordered; appeal allowed and production ordered.
3 Feb 2010

WONG SUN KEUNG AND ANOTHER v. LABOUR BUILDINGS LTD AND OTHERS

Citation

WONG SUN KEUNG AND ANOTHER v. LABOUR BUILDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2544/2009

The court found that on the evidence LBL was indebted to Winland as at the date of hearing and therefore the receivers had been properly appointed and possessed the necessary powers under the debenture to carry out the acts sought; accordingly the application by the receivers was granted and costs were ordered to be paid out of LBL's assets. The deed provision relied upon did not conclusively negate Winland's remaining claims.
6 Feb 2007

IRONWOOD CAPITAL LTD v. KTH CAPITAL MANAGEMENT LTD

Citation

IRONWOOD CAPITAL LTD v. KTH CAPITAL MANAGEMENT LTD
Court

Court of First Instance
Case number

HCA2836/2004

The court exercised its discretion under RHC Ord. 4 r. 9(1) and ordered the two actions to be tried together because they raise common questions of fact and the rights to relief arise out of the same series of transactions, those commonalities are sufficiently important relative to the subject-matter, and there were no weighty factors militating against a joint trial; a joint trial was preferred to consolidation to avoid the need for consolidated pleadings and discovery.
31 Jul 1989

PETROLIAM NASIONAL BERHAD AND OTHERS v. TAN SOON GIN

Citation

PETROLIAM NASIONAL BERHAD AND OTHERS v. TAN SOON GIN
Court

Court of Appeal
Case number

CACV52/1989

The Court upheld the trial judge's exercise of discretion to grant stays of the civil actions pending related criminal proceedings because the subject matter was the same and the defendant's right to silence and the real risk of prejudicing the criminal trials were legitimate and weighty factors; the judge did not err in law or take into account irrelevant matters, so the stays should be maintained though the position should be reviewed if criminal proceedings do not proceed within a reasonable time (suggested six months).

Hong Kong Case Law

EMBURSE INC v. GOLD SPRING GROUP HOLDINGS LTD AND ANOTHER

WONG HING MO v. STANDARD CHARTERED BANK (HONG KONG) LTD

THE JOINT & SEVERAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC v. SAMSON TSANG TAK YUNG

WONG SUN KEUNG AND ANOTHER v. LABOUR BUILDINGS LTD AND OTHERS

IRONWOOD CAPITAL LTD v. KTH CAPITAL MANAGEMENT LTD

PETROLIAM NASIONAL BERHAD AND OTHERS v. TAN SOON GIN