Hong Kong Case Law: Decisions & Judgments

Topic

Security for injunction

Legal area

Court

1 Feb 2021

CHU KONG AND ANOTHER v. LAU WING YAN AND OTHERS

Citation

[2021] HKCFI 273
Court

Court of First Instance
Case number

HCA1026/2020

The court exercised a balancing exercise and held that the proposed Security Package (legal charge over Shun Tak property up to Lau's 50% indirect interest, a charge over Bel‑Air property subject to verification, and payments into court totalling the agreed amounts) provided sufficient security for the plaintiffs' claims to justify discharging specified proprietary/Mareva injunctions and staying ancillary disclosure orders pending verification and completion of the security steps; discharge was conditional on completion of specified acts and payments and on investigative steps into title and…
4 Dec 2020

CHAN TING TING v. ZHANG QINGRUN AND OTHERS

Citation

[2020] HKCFI 3110
Court

Court of First Instance
Case number

HCA727/2020

Because the plaintiff recovered the contested principal sum through settlement with a third party and no good arguable case for further principal recovery against the 2nd defendant has been pleaded or evidenced, the court varied the injunction: it will cease as against the 2nd defendant upon his payment of HKD 100,000 into court, while remaining in force against the other defendants until trial or further order; payment into court provides appropriate security for the remaining interests and costs.
27 May 2019

SERIDOM SERVICIOS INTEGRADOS IDOM S.A.U. v. HENG WEN TRADE CO., LTD AND OTHERS

Citation

[2019] HKCFI 1368
Court

Court of First Instance
Case number

HCA1631/2017

The undertaking to pay the Sum into court was insufficient protection given D19's status as a shell company, the clear and imminent risk of dissipation during the proposed three business day access to the frozen DBS account, and D19's unreasonable rejection of multiple plaintiff proposals; accordingly the court would not accede to the application and awarded indemnity costs against D19, while permitting a consent variation if jointly presented.
12 Feb 1999

An Feng International Trading Ltd. v. Honour Link International Development Ltd.

Citation

An Feng International Trading Ltd. v. Honour Link International Development Ltd.
Court

Court of Appeal
Case number

CACV52/1999

The court upheld the judge's exercise of discretion: because the plaintiff's arbitration argument was tenuous and it had not established an arguable defence on the merits, the court would not grant the injunction absent payment of the claimed amount into court as security and thus refused to accede to the plaintiff's application.

Hong Kong Case Law

CHU KONG AND ANOTHER v. LAU WING YAN AND OTHERS

CHAN TING TING v. ZHANG QINGRUN AND OTHERS

SERIDOM SERVICIOS INTEGRADOS IDOM S.A.U. v. HENG WEN TRADE CO., LTD AND OTHERS

An Feng International Trading Ltd. v. Honour Link International Development Ltd.