H, Rs v. X, Y

FCMC 6583 / 2024

[2026] HKFC 32

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 6583 OF 2024

(Formerly No. 6733 OF 2023)

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DECISION

( Setting aside injunction )

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1.By the summons dated 8 October 2025 issued by the Respondent (“Wife”) (“Setting Aside Summons”), she seeks to set aside the interim injunction granted by DDJ GT Lung on 19 June 2023 (“interim injunction”).

2.The salient facts of the case have been set out in §§ 1 to 15 of My Decision (Costs and Discovery) handed down on 12 October 2023[1] and §§ 2 to 6 of the Judgment (Discharge of Undertaking) handed down on 19 June 2025[2]. I am not prepared to repeat the same here.

3.As the Wife had agreed to continue with her undertakings under inter alia Recital D(1) of the Order dated 30 June 2023, the interim injunction be continued until the Consent Summons as set out in Recital F thereof was made in terms by the court. Eventually, upon filing the Consent Summons signed by the parties and their respective then solicitors on 3 July 2023, which was ordered in terms by me on 4 July 2023, the interim injunction has been discharged by consent.

4.Therefore, the Setting Aside Summons is misconceived and must be dismissed with costs with Certificate for Counsel.

5.Mr Kwan for the Petitioner asked for costs on an indemnity basis, which I agreed, as the issuance of this application by the Wife is an abuse of process.

(statement of costs submitted by the Petitioner at the hearing)

6.Costs on an indemnity basis be summarily assessed at $18,805 payable forthwith by the Respondent to the Petitioner forthwith.

Mr Adrian Kwan instructed by ONC Lawyers for the Petitioner

Respondent acting in person