Rong Wei v. Chiu Sung Fai also known as Allan Chiu also known as Chiu Sung Fai Allan and Another

HCA 1509/2019

[2020] HKCFI 2648

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1509 OF 2019

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Before:  Hon Au-Yeung J in Chambers

Date of Hearing:  14 October 2020

Date of Decision: 14 October 2020

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D E C I S I O N

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1.On 7 May 2020, I granted 2 garnishee orders absolute in favour of the plaintiff. It was a term of the order that within 3 business days after receipt of the funds from the 2 garnishees (BOCHK and SCB), the plaintiff do apply to vary the Injunction Order by reducing the amount frozen by the Mareva injunction accordingly.

2.The plaintiff has received HK$524,097.91 and HK$70,269.59 from BOCHK and HK$255,095.67 from SCB on 3 August 2020.

3.Within 3 business days of receipt of the funds, the plaintiff took out this summons on 5 August 2020.

4.I am satisfied that the summons, the 6^th affidavit of Dorothy Patricia Siron and notice of this hearing have been served on the defendants.  The defendants, as before, have not responded.

5.Taking into account the monies received from the garnishees, it is appropriate to vary the injunction by reducing the monetary limit of assets frozen to HK$14,768, 828.84 and I make an order accordingly. 

6.The Mareva injunction will otherwise continue in existence post-judgment until further order.

7.As for costs, the previous hearing on 14 August 2020 was fixed by the plaintiff without regard to the time needed for service of this summons out of jurisdiction on the defendants.  I therefore disallow costs for that occasion.  Subject to that, I make an order that costs of this summons be to the plaintiff, summarily assessed at $8,000, to be paid by the defendants.

Attendance of the Zhong Lun Law Firm for the plaintiff was excused

The 1^st and 2^nd defendants were not represented and did not appear