Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement abroad

Legal area

Court

26 Nov 2025

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

Citation

[2025] HKCFI 5618
Court

Court of First Instance
Case number

HCA551/2024

Variation of the undertakings was granted because CEG demonstrated that without leave to commence proceedings in the identified jurisdictions it could not ensure effectiveness of the HK Injunction over approximately US$220 million disclosed in those jurisdictions; banks required local court orders; the risk of dissipation had been established by prior injunction findings and the applicant's evidence; the relief granted was limited and proportionate and tailored to enforcement/recognition/mirroring of the HK Injunction and use of information from Hong Kong; balance of convenience favoured the…
30 Jan 2024

WANG HSUAN HAN v. CATHAY PACIFIC AIRWAYS LTD

Citation

[2024] HKCFI 386
Court

Court of First Instance
Case number

HCA1019/2022

The appeal is dismissed. Given the plaintiffs ordinary residence outside Hong Kong, absence of substantial assets in the jurisdiction, inability to demonstrate a high probability of success or inability to raise security, it was just to order security for costs. A broad-brush assessment fixed security at $300,000. Proceedings are to be stayed until payment and will be dismissed if the plaintiff fails to pay within the time allowed; costs follow the event and the plaintiff must pay the defendants assessed costs of the appeal and adjournment.
18 May 2010

LIU ZHI YE v. LAM KIT PING, KITTY AND ANOTHER

Citation

LIU ZHI YE v. LAM KIT PING, KITTY AND ANOTHER
Court

Court of First Instance
Case number

HCA2206/2009

On the evidence the plaintiff was ordinarily resident outside Hong Kong with no identifiable assets in the jurisdiction and the merits were not sufficiently clear on the papers to outweigh the risk of inability to enforce costs abroad; accordingly it was just to order security for costs, reduced from the sum sought to HK$250,000, with an interim stay until payment and costs of the application fixed at HK$36,000.
14 Mar 2007

RACP PHARMACEUTICAL HOLDINGS LTD v. LI XIAOBO

Citation

RACP PHARMACEUTICAL HOLDINGS LTD v. LI XIAOBO
Court

Court of First Instance
Case number

HCA490/2007

Applying the Dadourian guidelines the court found the application just and convenient to ensure effectiveness of the Hong Kong worldwide freezing order, accepted there was adequate evidence of a real prospect of assets in British Columbia and risk of dissipation, and that undertakings and terms proposed were sufficient to protect third parties; accordingly leave was granted to commence enforcement proceedings in British Columbia to enforce the injunction until 23 March 2007 or further order.
21 Feb 2006

AXA VERSICHERUNG AG v. THE HONG KONG HOUSING AUTHORITY

Citation

AXA VERSICHERUNG AG v. THE HONG KONG HOUSING AUTHORITY
Court

Court of Final Appeal
Case number

FAMV3/2006

Section 46(2) permits a single permanent judge to order security for costs in an application for leave to appeal; where the applicant is a foreign corporation outside the jurisdiction and there is real risk of difficulty or expense in enforcing costs abroad, it is proper to order security in advance of the leave hearing and to dismiss the application if security is not furnished.
25 Sept 1990

TUNG WING STEEL CO LTD v. BRASIMET COMERCIO E INDUSTRIA S.A. AND OTHERS

Citation

TUNG WING STEEL CO LTD v. BRASIMET COMERCIO E INDUSTRIA S.A. AND OTHERS
Court

Court of Appeal
Case number

CACV38/1990

Although there was a serious question to be tried on formation of a contract, the interlocutory injunction was correctly discharged because the plaintiffs could be adequately compensated by damages (steel was available on the world market and defendant solvency was not in question) and the evidence supported that the sellers retained property by retaining the original bills of lading; therefore continuation of the injunction was not justified.

Hong Kong Case Law

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

WANG HSUAN HAN v. CATHAY PACIFIC AIRWAYS LTD

LIU ZHI YE v. LAM KIT PING, KITTY AND ANOTHER

RACP PHARMACEUTICAL HOLDINGS LTD v. LI XIAOBO

AXA VERSICHERUNG AG v. THE HONG KONG HOUSING AUTHORITY

TUNG WING STEEL CO LTD v. BRASIMET COMERCIO E INDUSTRIA S.A. AND OTHERS