Hong Kong Case Law: Decisions & Judgments

Topic

Post-judgment injunction

Legal area

Court

3 Jun 2020

NIKKEI AMERICA, INC. AND ANOTHER v. JIALONG TRADE LTD AND OTHERS

Citation

[2020] HKCFI 957
Court

Court of First Instance
Case number

HCA1914/2019

On the pleaded facts the Court was satisfied that the plaintiffs established fraud and mistake leading to the Payments, that the credited balances and withdrawals were traceable proceeds of those Payments, and that the defendants acted dishonestly; accordingly the Court granted the declaratory and proprietary relief sought and varied and continued the injunction in aid of execution, entering judgment for the plaintiffs under Order 19 Rule 7 and awarding costs to the plaintiffs.
7 Feb 2017

好好國際物流股份有限公司 AND ANOTHER v. AVERE TRUST GROUP LTD

Citation

好好國際物流股份有限公司 AND ANOTHER v. AVERE TRUST GROUP LTD
Court

Court of First Instance
Case number

HCMP586/2016

The defendant, by accepting the benefit and by its contemporaneous correspondence and conduct, was bound as trustee on the terms evidenced in the Trust Deed and the Note; having failed to remit the matured amount, the defendant breached its fiduciary duties and must pay US$940,000, submit to an account and tracing, and be restrained by a post-judgment injunction; interest and costs follow.
22 Mar 2016

SPECIALTY METALS RESOURCES SA v. HUNAN CHUANGDA VANADIUM TUNGSTEN CO LTD AND ANOTHER

Citation

SPECIALTY METALS RESOURCES SA v. HUNAN CHUANGDA VANADIUM TUNGSTEN CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA369/2016

Because the plaintiff complied with Order 13 r.7 and the evidence showed the 2nd defendant received the plaintiff's prepayment, is in financial difficulty and there were grounds to believe assets would be dissipated, the court entered judgment in default for USD392,819.92 against the 2nd defendant and granted a post-judgment injunction under Order 29 r.1 restraining removal or disposal of assets within Hong Kong up to that amount; the court exercised its discretion to discharge the plaintiff from providing a bank guarantee.
5 May 2014

LI GUOZHU v. MA HONGQI AND OTHERS

Citation

LI GUOZHU v. MA HONGQI AND OTHERS
Court

Court of First Instance
Case number

HCA2023/2009

The court refused to exercise its discretion to grant a final declaratory judgment against the 11th defendant because the company was a nominal defendant with no pleaded cause of action, parallel proceedings in the PRC concerned the same issues making a final local declaration inappropriate, and the existing interlocutory injunction adequately protected the plaintiff so there was no genuine need for the declaration.
13 Dec 2007

TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS

Citation

TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCA331/2002

The court has jurisdiction to grant post-judgment interlocutory injunctions ancillary to the administration of justice and should exercise that discretion to continue the interim injunction because the Defendants' proposed implementation of the Resolutions would unlawfully deplete tong property, breach fiduciary duties, pre-empt the oncoming appeal and render the earlier judgment and orders nugatory.

Hong Kong Case Law

NIKKEI AMERICA, INC. AND ANOTHER v. JIALONG TRADE LTD AND OTHERS

好好國際物流股份有限公司 AND ANOTHER v. AVERE TRUST GROUP LTD

SPECIALTY METALS RESOURCES SA v. HUNAN CHUANGDA VANADIUM TUNGSTEN CO LTD AND ANOTHER

LI GUOZHU v. MA HONGQI AND OTHERS

TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS