PLAINSCAPITAL BANK v. COOL TECHNOLOGY LTD

HCA 1310/2018

[2018] HKCFI 2293

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1310 OF 2018

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D E C I S I O N

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1.  The plaintiff is a Texas banking association which found itself as a victim of email fraud and seeks to recover funds of approximately US$4 million. The writ was issued on 6 June 2018 and an ex parte injunction obtained the following day which has been continued until further order of this court. On 6 July 2018, it obtained final judgment based on the defendant’s default, no notice to defend having been given.

2.  A garnishee order to show cause was made by Master J Wong on 8 August 2018, this hearing being the hearing for the garnishee order.  Meanwhile, the plaintiff has also issued an inter partes summons to discharge the injunction granted.  

3.  The bank’s position is that it holds balances in US dollars of just over 164,000, and there is a small amount left in the Hong Kong dollar account.  Its stance is neutral in this application.  This is a simple case, and there is no reason why I should not accede to the orders sought. 

4.  I will make an order that the garnishee do forthwith pay to the plaintiff, the judgment creditor, the debt due from the garnishee to the defendant, the judgment debtor, and that the costs of the plaintiff, the judgment creditor of this application, summarily assessed at $5,200 be added to the judgment debt and be retained out of the money recovered by the judgment creditor under this order and in priority to the amount of the judgment debt.

5.  I will make an order in terms.