8 May 2025
Plaintiff obtained by issuing the originating summons the practical result it sought (the statutory demand was withdrawn) and therefore is entitled to its costs; no basis to deny costs where defendant did not show pre-proceedings inquiry and the court should not engage in speculative counterfactual inquiries into alternative conduct of the parties.
25 Feb 2025
The judge found the Plaintiff had been substantially successful in obtaining the documents sought, the decision to discontinue was reasonable, and there was no arguable basis that the costs order was plainly wrong; accordingly leave to appeal was refused and the 2nd Defendant ordered to pay the Plaintiff's costs.
11 Oct 2018
Grant limited section 21 disclosure orders only as to identified banks where there is evidence and nexus to the alleged misappropriation; dismiss application for blanket orders against all banks in Hong Kong as impermissible fishing expedition; grant release from the implied undertaking permitting plaintiffs to provide discovered material and affirmations to the Zurich Public Prosecutor; dismiss section 25A applications seeking Registrar execution and circulation of blanket authorisation letters; grant the section 21L order against DBS Vickers where it consented.
6 Jul 2007
The court held that applicants established a prima facie case that justified leave to serve an inter partes summons out of the jurisdiction under Order 11 r9(4)-(5) and that, having granted leave, the court had jurisdiction to grant ex parte interim relief pending the inter partes hearing; on the peculiar facts (publication of documents obtained under a Norwich Pharmacal order and risk to court process) a gagging order and mandatory interlocutory injunction on an ex parte basis were justified, subject to undertakings as to damages and amendments to the draft order.
18 Jul 2001
The court has jurisdiction under section 21L High Court Ordinance to grant an injunction restraining the 3rd respondent from leaving the jurisdiction pending completion of the section 221 private examination; given the evidence of evasive conduct and real risk of non-attendance, it was appropriate to exercise discretion to grant the injunction subject to sufficient security of HK$1.5 million by payment into court or bank guarantee, forfeitable on failure to attend, and to require notice of any change of contact information.