Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Repayment order

Legal area

Court

31 May 2023

CHIU SUI CHING, the administrator of the estate of LEUNG HO TIN, deceased v. CHENG KWAI HUNG t/a HANG NAGI WORKS AND OTHERS

Citation

[2023] HKCFI 1417
Court

Court of First Instance
Case number

HCPI939/2017

The court refused to proceed past the first stage because the applicants failed to comply with procedural requirements (no clear particulars of alleged misconduct or quantification of wasted costs), did not establish a strong prima facie case of improper or abusive conduct by the solicitors (as opposed to a weak or losing case), and could not overcome privilege-related gaps; the application was disproportionate and unsuitable for summary determination, so the Para 3 and Para 5 applications were dismissed and costs ordered accordingly.
11 May 2023

CHEN YUE v. LI SHAN AND ANOTHER

Citation

[2023] HKCFI 1263
Court

Court of First Instance
Case number

HCA524/2022

The court granted the preservation and ancillary disclosure and repayment relief because the plaintiff's case concerns co-control and ownership of half the company and its assets such that the Company's assets are bona fide the subject matter of the proceedings; a preservation order is available as ancillary interlocutory relief without the plaintiff having to assert proprietary title or pursue a derivative action and without meeting Mareva's dissipation threshold, and therefore the order in terms of the summons was appropriate to maintain the status quo pending trial.