Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Injunctions and undertakings

Legal area

Court

19 Jan 2017

CHINA METAL RECYCLING (HOLDINGS) LIMITED (IN COMPULSORY LIQUIDATION) AND ANOTHER v. CHUN CHI WAI AND OTHERS

Citation

CHINA METAL RECYCLING (HOLDINGS) LIMITED (IN COMPULSORY LIQUIDATION) AND ANOTHER v. CHUN CHI WAI AND OTHERS
Court

Court of First Instance
Case number

HCA1412/2013

There was insufficient evidence of bad faith by the plaintiffs and no evidence that Carmen suffered manifest or forensic disadvantage from lack of a guardian ad litem; the procedural irregularities under Order 80 were regularized retrospectively and all steps and decisions concerning Carmen on or before 19 February 2016 were validated; Carmen's summons to set aside those steps was dismissed.
11 Feb 1998

HUNG JIN MUI v. TANG CHUI YUK ANGELA and Another

Citation

HUNG JIN MUI v. TANG CHUI YUK ANGELA and Another
Court

Court of First Instance
Case number

HCAP4/1997

No administrator pendente lite was appointed because the principal risk (dissipation and failure to collect the promissory note) was addressed by defendants' undertakings — interest on the promissory note to accrue from the date of the undertaking (without prejudice to earlier accrual claims) and Citywin not to dispose of or encumber its 90% interest in Wing Cheung Mansion — and because most estate assets were internal, subject to existing corporate procedures or a receiver for the restaurant, so appointment was unnecessary and disproportionate.