Hong Kong Case Law: Decisions & Judgments

Topic

Interim remedies

Legal area

Court

3 Sept 2024

KING VICTORY INVESTMENT LTD v. CHAN HON WING AND ANOTHER

Citation

[2024] HKCA 849
Court

Court of Appeal
Case number

CACV302/2023

The renewed application for a stay was dismissed because, on a preliminary assessment, the Defendants failed to demonstrate a reasonably arguable appeal (let alone a strong likelihood of success). The alleged oral representation was found not credible and contradicted by the clear terms of the loan and supplemental agreements and the Defendants' conduct (including acceptance of increased interest). The Defendants also failed to show appreciable risk of irremediable prejudice as the Plaintiff swore to having cash and net assets, and the Defendants could have secured their position by paying th…
10 Jan 2023

WW v. LPQ formerly known as LLN and LSM AND OTHERS

Citation

[2023] HKFC 9
Court

Family Court
Case number

FCMC8485/2019

The husband’s application to vary the MPS was dismissed because he failed to provide full and frank disclosure and his asserted change of financial circumstances was not credible or internally consistent; the wife was entitled to interim litigation funding, limited to a rounded figure of HKD 500,000 to carry her to trial and mediation, payable by the husband, and the husband must pay the costs of the applications to be summarily assessed.
3 Oct 2013

PENG RUXIANG v. WAI CHONG GOLD COMPANY LTD AND ANOTHER

Citation

PENG RUXIANG v. WAI CHONG GOLD COMPANY LTD AND ANOTHER
Court

District Court
Case number

DCCJ3557/2013

Court found an arguable proprietary/trust claim by the applicant against IWC and that IWC had no clear legal authority to withhold the applicant's funds; however evidence was insufficient to establish agency or to lift the corporate veil so Wai Chong could not be liable; accordingly IWC was ordered to pay the disputed sum into court by a specified date and the application against Wai Chong was dismissed.
27 Aug 2010

BANK OF CHINA (HONG KONG) LTD v. TWIN PROFIT LTD AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD v. TWIN PROFIT LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP874/2009

The court denied a stay of execution as to the monetary judgment because defendants failed to show inability to pay and the appeal was not sufficiently strong to justify depriving the plaintiff of its judgment; however, to avoid irreparable prejudice from sale of charged properties the court granted a partial stay of the orders for vacant possession of the 2nd and 3rd Charged Properties on terms that defendants pay HK$100,000,000 into court within 14 days; costs of the hearing were ordered to be paid by the defendants to the plaintiff (to be taxed if not agreed), and costs of the summons were…
13 Dec 2006

HELM HONG KONG LTD v. AU TAT KEI, DECKY

Citation

HELM HONG KONG LTD v. AU TAT KEI, DECKY
Court

Court of First Instance
Case number

HCA1517/2006

Although the Plaintiff established a good arguable case on the alleged conspiracy, the evidence did not show a sufficient objective risk that the Defendant would dissipate assets otherwise available for execution or that the Defendant obtained personal benefit warranting continuation of the Mareva injunction; the Defendant's explanations have some documentary support and therefore continuation of the ex parte injunction is not just and convenient and must lapse.
28 Apr 1993

STANDARD CHARTER SECURITIES LTD v. ARTHUR LAI AND OTHERS

Citation

STANDARD CHARTER SECURITIES LTD v. ARTHUR LAI AND OTHERS
Court

Court of First Instance
Case number

HCA2757/1993

Material non-disclosure in the ex parte application required discharge of the original ex parte order, but on full inter partes consideration the court found credible evidence (transfers, account control, timing of transfers and transfers to family/nominee entities) justifying a fresh Mareva injunction against the 3rd, 4th and 8th defendants; costs reserved in the cause and cross-undertaking as to damages required.
25 Jan 1985

PIONEER INTERNATION BUYING AGENCIES (HK) LTD AND ANOTHER v. TUNG CHIEN KWOK AND OTHES

Citation

PIONEER INTERNATION BUYING AGENCIES (HK) LTD AND ANOTHER v. TUNG CHIEN KWOK AND OTHES
Court

Court of First Instance
Case number

HCA346/1985

Material non-disclosure occurred in the plaintiffs' ex parte application—specifically the omission of cheque stubs and accounting indications that substantial payments had been made by the 4th defendant to the plaintiffs and misstatements about invoicing practice—which were facts that might have influenced the judge; therefore the Anton Piller and related injunctions granted ex parte were discharged and costs awarded to the defendants.

Hong Kong Case Law

KING VICTORY INVESTMENT LTD v. CHAN HON WING AND ANOTHER

WW v. LPQ formerly known as LLN and LSM AND OTHERS

PENG RUXIANG v. WAI CHONG GOLD COMPANY LTD AND ANOTHER

BANK OF CHINA (HONG KONG) LTD v. TWIN PROFIT LTD AND OTHERS

HELM HONG KONG LTD v. AU TAT KEI, DECKY

STANDARD CHARTER SECURITIES LTD v. ARTHUR LAI AND OTHERS

PIONEER INTERNATION BUYING AGENCIES (HK) LTD AND ANOTHER v. TUNG CHIEN KWOK AND OTHES