Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Third-party bank disclosure

Legal area

Court

3 May 2024

CSIL LTD v. LO FONG HUNG AND OTHERS

Citation

[2024] HKCFI 1200
Court

Court of First Instance
Case number

HCA431/2022

Because CSIL served the Disclosure Summons and the supporting Arun 2nd with the requisite notice, the hearing on 31 July 2023 was inter partes; Arun 1st did not have to be served; D4-7 had a reasonable opportunity to respond; there was no material non-disclosure that would have misled the court on the issues before it; the judge did not err in refusing an adjournment; accordingly the application to discharge the Disclosure Order and for leave to appeal failed and the Summons was dismissed.
24 Jun 2022

DINGWAY INVESTMENT LTD (Provisional Liquidators Appointed) v. CHINA CITY CONSTRUCTION & DEVELOPMENT CO. (HONG KONG) LTD AND OTHERS

Citation

[2022] HKCFI 1893
Court

Court of First Instance
Case number

HCA309/2022

The application for leave to appeal was dismissed because the plaintiff failed to show a reasonably arguable tracing claim linking the sale proceeds of the land to the plaintiffs' asserted original property (the shares); the shares did not give the plaintiff a proprietary interest in the land or its sale proceeds and constructive trusteeship of shares did not establish a proprietary right to those proceeds in the factual and legal context; there was no evidence of abuse or non‑compliance with Mareva injunctions to justify extended third‑party bank disclosure; therefore the proposed grounds of…