Sum Mun Kid Frederick v. Auto Italia Ltd and Others

HCA 60/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 60 OF 2017

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REASONS FOR DECISION

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1.There are in existence disclosure orders made against the 1^st Defendant, the 2^nd Defendant and the 3^rd Defendant designed to elicit the whereabouts of the LaFerrari, which is an unique and highly valuable piece of property as well as the subject matter of these proceedings.

2.Regrettably, none of these orders has produced any real hint as to where the LaFerrari is.  I have to say, in fairness to the 3^rd Defendant, that I understand that the orders have not been served on it.

3.The evidence before the court is quite disturbing. It appears that there is a concerted effort by various parties to try to hide from the court, and thereby frustrating the disclosure orders, as to the whereabouts of the LaFerrari.  With respect, the alleged sale or re-sale of the LaFerrari is, on the available evidence, difficult to believe due to, inter alia, the vast undervalue at which it was purportedly sold and re-sold.  There is clearly urgency in the matter, which was accepted by DHCJ Keith and DHCJ Francis. The urgency remains.  In particular, the property has still not been located and the orders which were made by the court have been frustrated.  

4.In these circumstances, there is justification for making a further disclosure order as requested by the Plaintiff.  Hence, I have made the order pursuant to the Summons before me dated 10 October 2017 with amendments.

Mr Simon Westbrook SC and Mr Robin D’Souza, instructed by Alan Lam Yam & Pe, for the Plaintiff

Mr Bronson Chan of Howse Williams Bowers, for the 1^st Defendant

Mr Martin Ho, instructed by Wong, Fung & Co, for the 2^nd Defendant

The 3^rd Defendant was not represented and did not appear