Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discretion to grant interlocutory relief

Legal area

Court

16 Jul 2012

CHIU MAN FU AND OTHERS v. CHIU CHUNG KWAN YING

Citation

CHIU MAN FU AND OTHERS v. CHIU CHUNG KWAN YING
Court

Court of Appeal
Case number

CACV40/2012

The court refused to uplift the automatic stay because the Legal Aid Department had initiated a legitimate process by seeking a s9 counsel's opinion on a fresh application made by the 6th plaintiff as representative of all plaintiffs; given the common issues and the reasonable prospect that aid might be granted, it was proper to allow the departmental process to run and not to lift the stay at this interlocutory stage.
26 Mar 2001

NICEKIND HOLDINGS LTD. v. YIM WAI NING AND ANOTHER

Citation

NICEKIND HOLDINGS LTD. v. YIM WAI NING AND ANOTHER
Court

Court of Appeal
Case number

CACV435/2000

The Court of Appeal dismissed the appeal, holding the trial judge was entitled to discharge the ex parte Mareva injunction because the plaintiff failed to establish a good arguable case of agency/facade, there was material and misleading non-disclosure in the ex parte application (particularly about the defendant's connections and contactability in Hong Kong), and there was substantial unexplained delay adversely affecting the plaintiff's bona fides; the judge's exercise of discretion was not wrong.