Yu Yee Fung and Another v. Clever Brilliant Ltd and Another

HCA 417/2018

[2018] HKCFI 2650

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 417 OF 2018

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D E C I S I O N

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1.In light that there is a Mareva Injunction order in place, which was made by Lisa Wong J on 23 May 2018 in HCA 1211/2018, against the 1^st Defendant in the present proceedings specifically restraining the disposal of the moneys in the account of the Garnishee here, the Bank of China (Hong Kong) Limited., I would have to be satisfied that there is proper basis to make the Garnishee Order Nisi absolute before I could make such order. I would therefore adjourn the application to a date to be fixed with 30 minutes reserved for the Judgment Creditor to make detailed submissions on the basis of the application in light of the said Mareva Injunction order. The 1^st Defendant’s solicitor indicated to the Court that his client has no objection to the Garnishee Order Nisi being made absolute and for the purpose of saving costs he applies for his attendance at the adjourned hearing be excused. I see no reason not to grant the application and I so order. I also order that the costs today be reserved.

Mr Tse Yin Fung, of Cheung, Chan & Wong, for the 1^st and 2^nd Plaintiffs

Mr Chan Yiu Pun, Jimmy, of Cheung & Liu for the 1^st Defendant

The Garnishee was not represented and did not appear