RORY ANTHONY CAFFYN-PARSONS AND ANOTHER v. ASIA GRACE LTD AND OTHERS

HCA 1400/2021

[2022] HKCFI 2041

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1400 OF 2021

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D E C I S I O N

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1.  By Summons dated 2 June 2022 the Plaintiffs sought the discharge as against the 7^th and 11^th Defendants of certain injunctions that it had obtained against them before Deputy High Court Judge Winne Tsui on 16 September 2021, and the discharge of an injunction order, against the 5^th Defendant that had been continued by order of Mr Justice K Yeung dated 8 October 2021. It also sought no order for costs.

2.  By letter dated 15 June 2022 the Plaintiffs’ solicitors sought directions that the matter be dealt with on the papers, and that a hearing due on 5 July 2022 before me be vacated. By directions given on 29 June 2022 I gave those directions. Having considered the papers, this is now my determination.

3.  Having considered the 6^th affirmation of Cheung Wing Hing Harris, I am satisfied that service of the inter partes Summons dated 2 June 2022 has been properly served on the 5^th, 7^th and 11^th Defendants.

4.  Having considered the 6^th Affidavit of Li Lok Hin Daniel I am satisfied that the injunction orders should be discharged as against the 5^th, 7^th and 11^th Defendants. As to costs, as it is clear that Garnishee Orders absolute have been obtained against each of the 5^th, 7^th and 11^th defendants, and that the Garnishee monies have since been paid, in my view it is also appropriate that the injunctions should be discharged with no order for costs.

5.  In the circumstances I make an order in the terms of the Summons dated 2 June 2022.

Written submissions from Messrs Tanner De Witt, for the 1^st and 2^nd Plaintiffs

No submissions from the 5^th, 7^th and 11^th Defendants, all unrepresented