XCHRX NG CHUNG HING t/a Ng Hing Kee Book and Newspaper Agency (Sole Proprietorship) v. WAN KIT AND OTHERS

HCA8951/94

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 8951 OF 1994

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D E C I S I O N

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1. The Defendants apply to vary the injunction order by seeking further payment for their living expenses and legal costs. After paying the living expenses for May, the funds in a joint account of the Defendants used for that purpose had been depleted.

2. For my part, I anticipate that I would be able to hand down the judgment by next week, so there is no immediate need for variation of the order in relation to the funds out of which the living expenses are to be paid after May.

3. The Defendants are each allowed $20,000 per month as living expenses. These are extremely high allowances. Between September 1994 and September 1999, a total of $3,360,000 were released to the Defendants for living expenses. The legal fees that had been withdrawn and released were $2,310,000, making a total of $5,670,000. The extra legal expenses that are now being sought are for an additional $963,217.50. I am not satisfied that out of the $3,360,000 the Defendants had already received, they are not able to fund the extra legal costs.

4. The application is accordingly dismissed.