Hong Kong Case Law: Decisions & Judgments

Topic

Contempt risk

Legal area

Court

2 Aug 2024

CHINA EVERGRANDE GROUP (IN LIQUIDATION) v. HUI KA YAN AND OTHERS

Citation

[2024] HKCFI 2040
Court

Court of First Instance
Case number

HCA551/2024

The court continued the Chabra Mareva injunction and the proprietary and worldwide Mareva injunctions against Madam Ding until trial or further order, but varied the asset disclosure deadline in the Hong Kong Mareva order to 7 August 2024 to align with the London proceedings to avoid exposing the defendant to a risk of contempt; the court lifted the confidentiality/anonymity orders as the justification had ceased following service of the writ; and granted leave to serve a concurrent writ out of jurisdiction on CFO Pan at a PRC address.
26 Nov 2018

TO YIK SAU, TO YU ON and TO TAK FAI as the managers of TO SHEUNG UN TSO v. LEE SHING FAT

Citation

[2018] HKDC 1450
Court

District Court
Case number

DCCJ2135/2018

The summons for an interlocutory injunction was dismissed because the proposed order was vague and unclear: the plaintiffs failed to identify or define the "such illegal structures" they sought to restrain or remove, breaching the established principle that injunctions must be clear and certain.
3 Nov 2006

CHINA MINSHENG BANKING CORP. LTD (SHENZHEN BRANCH) v. DICHAIN HOLDINGS LTD AND ANOTHER

Citation

CHINA MINSHENG BANKING CORP. LTD (SHENZHEN BRANCH) v. DICHAIN HOLDINGS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCT58/2006

Given the defendants' conduct (avoidance, delay, non-compliance) and the risk of dissipation, the court exercised its discretion to grant ancillary disclosure orders in terms of the amended summons (including DBS Vickers) to preserve assets and enable identification of assets up to the Mareva cap; costs ordered nisi to plaintiff.
16 Nov 2001

AXA CHINA REGION INSURANCE CO. LTD. & ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. & OTHERS

Citation

AXA CHINA REGION INSURANCE CO. LTD. & ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. & OTHERS
Court

Court of First Instance
Case number

HCA9093/2000

The court found the interlocutory injunction and disclosure orders were not vague, ambiguous, oppressive or unduly wide when read by a reasonable law‑abiding person; PCI had not shown a good prospect of success on appeal or that the appeal would be rendered nugatory; limited variations were warranted (exclude delivery up of Client Data for ex‑AXA policyholders who switched to PCI and amend cut‑off date for 1st Defendant disclosures to 21 July 2000); application for a stay was dismissed and modest extensions of time to comply were granted.

Hong Kong Case Law

CHINA EVERGRANDE GROUP (IN LIQUIDATION) v. HUI KA YAN AND OTHERS

TO YIK SAU, TO YU ON and TO TAK FAI as the managers of TO SHEUNG UN TSO v. LEE SHING FAT

CHINA MINSHENG BANKING CORP. LTD (SHENZHEN BRANCH) v. DICHAIN HOLDINGS LTD AND ANOTHER

AXA CHINA REGION INSURANCE CO. LTD. & ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. & OTHERS