COUTTS BANK (SCHWEIZ) AG t/a COUTTS BANK v. SIMON YUE KWOK HUNG & OTHERS

HCA 411/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 411 OF 2002

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DECISION

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1. This is the Plaintiff's ex parte application for an injunction order in the nature of a Mareva order. I appreciate that a relatively large sum of money is involved in this action, namely, the alleged theft of HK$130 million. However, according to the Plaintiff's own case, that sum is now in the hands of the 2nd Defendant which is also a licensed bank in Hong Kong. The 2nd Defendant has not only been put on notice by the Plaintiff of the Plaintiff's allegations of theft in this action, the police has also written to the 2nd Defendant informing them to freeze the sum it is now holding. There is no suggestion, or basis to think, that the 2nd Defendant will not do as requested (at least not without giving notice to the Plaintiff and/or the police).

2. In these circumstances, I do not consider there is sufficient urgency to justify an ex parte application. The application should at the very least be made ex parte on notice to the 2nd and/or 3rd Defendants.

3. By reasons of the above matters, no order is made on this application.

Representation:

Mr A T Reyes SC, instructed by Messrs Johnson Stokes & Master, for the Plaintiff