Hong Kong Case Law: Decisions & Judgments

Topic

Nominee transactions

Legal area

Court

31 Oct 2023

CHEN YUNG NGAI KENNETH AND ANOTHER v. CHINA MERCHANTS BANK CO LTD

Citation

[2023] HKCFI 2786
Court

Court of First Instance
Case number

HCB3819/2011

The court found that the trustees had established a reasonable suspicion that the Million Nice account was a corporate vehicle used to move funds connected to the bankrupt’s dealings (supported by documentary links from other productions), the documents sought relate to the bankrupt’s dealings or property and are reasonably required for the trustees to carry out their functions, and the bank possessed the requested records; accordingly a section 29 order requiring production of account opening records and transactional documents for the Million Nice Account was justified and granted with limi…
14 Jun 1999

MAK YUK LIN AND ANOTHER v. WONG KIU NGOR and MAK YUK LIN AND OTHERS (Intended Third Parties)

Citation

MAK YUK LIN AND ANOTHER v. WONG KIU NGOR and MAK YUK LIN AND OTHERS (Intended Third Parties)
Court

Court of First Instance
Case number

HCA1590/1998

The court found a strong arguable case and that the balance of convenience favored the Defendant in respect of the A property sold to Eternal Wide Ltd., so the interim restraint should continue/extend to allow enquiry; there was insufficient evidence to show the B property transaction (Stockwell) was a sham and Stockwell and Grant Profit references were removed from the injunction; no immediate specific order was made to permit completion of the Rich Grace transaction but liberty to apply was granted; no order was made to fortify the undertaking as to damages; no third party direction was giv…
19 Aug 1986

ANTHONY FRANK GILES v. CHUNG WAN KAM AND ANOTHER

Citation

ANTHONY FRANK GILES v. CHUNG WAN KAM AND ANOTHER
Court

Court of First Instance
Case number

HCA4531/1986

The plaintiff failed to establish a good arguable case of continuing 50% partnership interest given conflicting evidence, long periods of inactivity, and doubtful credibility of key evidence (notably the agent Mr Yeung); and he failed to show a real risk of dissipation of proceeds. On those grounds a Mareva injunction was not justified and the interim injunction was discharged.

Hong Kong Case Law

CHEN YUNG NGAI KENNETH AND ANOTHER v. CHINA MERCHANTS BANK CO LTD

MAK YUK LIN AND ANOTHER v. WONG KIU NGOR and MAK YUK LIN AND OTHERS (Intended Third Parties)

ANTHONY FRANK GILES v. CHUNG WAN KAM AND ANOTHER