Hong Kong Case Law: Decisions & Judgments

Topic

Freezing/mareva injunctions

Legal area

Court

23 May 2025

CARMON REESTRUTURA-ENGENHARIA E SERVICOS TÉCNICOS ESPECIAIS(SU) LIMITADA v. CARMON RESTRUTURA LTD AND ANOTHER

Citation

[2025] HKCFI 2163
Court

Court of First Instance
Case number

HCA1812/2022

Security for costs application dismissed because plaintiff demonstrated a high degree of probability of success at trial based on the Consortium Agreement and prior findings; setting aside application dismissed because the alleged non-disclosures were either not material (DIFC matters, deadline misstatement) or had been brought to the court's attention prior to granting leave (D2's 7th affidavit) and remedial steps were insufficient to vitiate the ex parte leave; costs ordered to plaintiff to be summarily assessed on paper.
12 May 2021

SECURITIES AND FUTURES COMMISSION v. AN UNKNOWN PERSON OR PERSONS PURPORTING TO CARRY ON A SECURITIES AND/OR FUTURES TRADING BUSINESS KNOWN AS SHEPHERDS HILL PARTNERS AND USING THE WEBSITE WWW.SHEPHERDSHILLHK.COM AND OTHERS

Citation

[2021] HKCFI 1444
Court

Court of First Instance
Case number

HCA2512/2014

On the pleaded facts and in the absence of any defence or contest, the Court was satisfied that the websites and associated conduct amounted to holding out as licensed providers and to fraudulent/deceptive devices employed in transactions involving securities and futures (contravening ss.109,114,300 SFO); substituted service was adequate and justice required declaratory, injunctive, freezing and restitutionary relief under s.213 SFO including appointment of administrators to distribute frozen funds pro rata to victims; corporate defendants who facilitated receipt and dispersal of investor fun…
10 Apr 2015

MING HSIEH v. XU ZHE AND OTHERS

Citation

MING HSIEH v. XU ZHE AND OTHERS
Court

Court of First Instance
Case number

HCMP3072/2014

Although the plaintiff failed to make full and frank disclosure of the conversion of his cash investment into a loan and the existence of jewellery security, the court discharged the ex parte Injunction Order for material non‑disclosure but in the exercise of its discretion and after independent assessment under s21M concluded the plaintiff nonetheless demonstrated a good arguable case in Hong Kong for fraudulent misrepresentation and a real risk of dissipation; the US court's refusal of attachment on the implied contract claim did not make it unjust or inconvenient to grant Hong Kong relief…

Hong Kong Case Law

CARMON REESTRUTURA-ENGENHARIA E SERVICOS TÉCNICOS ESPECIAIS(SU) LIMITADA v. CARMON RESTRUTURA LTD AND ANOTHER

SECURITIES AND FUTURES COMMISSION v. AN UNKNOWN PERSON OR PERSONS PURPORTING TO CARRY ON A SECURITIES AND/OR FUTURES TRADING BUSINESS KNOWN AS SHEPHERDS HILL PARTNERS AND USING THE WEBSITE WWW.SHEPHERDSHILLHK.COM AND OTHERS

MING HSIEH v. XU ZHE AND OTHERS