29 Jun 2018
SECURITIES AND FUTURES COMMISSION v. MO SHAU WAH AND OTHERS
- Citation
- [2018] HKCA 370
- Court
- Court of Appeal
- Case number
- CACV207/2017
CPSL had a legitimate and prima facie proprietary or substantial claim (including via subrogation) affecting the frozen assets; the judge correctly applied the proprietary/non-proprietary framework, found D1 had not demonstrated with full and frank evidence that she had no other available assets, and properly exercised his discretion to refuse the variation and dismiss the summons, ordering D1 to pay 50% of CPSL's costs.