Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tracing order
  • 7 Oct 1989

    CHOW WAI LAN v. CHEUNG SIU FONG AND OTHERS

    Citation
    CHOW WAI LAN v. CHEUNG SIU FONG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA5218/1989

    The court held that tracing orders in aid of a Mareva do not demand a higher standard of proof than the Mareva itself; the plaintiff had established a good arguable case, shown a real risk of dissipation and demonstrated exceptional circumstances (substantial claim, inadequate disclosed local assets and likelihood of foreign dealings), therefore a worldwide Mareva and ancillary tracing/disclosure orders should continue; the defendants' summons to discharge the orders was dismissed but limited time extensions for compliance were granted and the prohibitory order was extended for six weeks.