郭莉 v. 刘君林

HCA 1049/2022

[2026] HKCFI 1617

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1049 OF 2022

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D E C I S I O N

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I.  INTRODUCTION

1.  Before me is the Amended Summons filed and taken out by the Intervener on 2 February 2026 (the “Amended Summons”) for varying the interlocutory injunction granted by Mr Recorder Steward Wong SC on 18 August 2022 to cater for the possible vesting order applied for by the Intervener in HCMP 176/2026. In particular, the variation sought would effectively carve out an exception so that money now being under restrained by the injunction could be released for satisfying the vesting order, if it would be granted in HCMP 176/2026.

2.  In my view, the same procedure in Rong Wei v Chiu Sung Fai also known as Allan Chiu also known as Chiu Sung Fai Allan and Another [2020] HKCFI 692, a case on how to handle an application to vary an interlocutory injunction when there is at the same time a parallel application for a garnishee order, should be adopted. This procedure would ensure that all interested parties would have a chance to make submissions. Thus, in my view, the applicant for the vesting order should inform the Court that an application for varying the injunction for the vesting order being sought has been or will be made, and invite the Court to make directions so that both applications can be dealt with together by the same Court at the same time.

II.  CONCLUSION

3.  Therefore, I adjourn the Amended Summons to be heard substantively together with the Originating Summons in HCMP 176/2026 on a date to be fixed together with the Originating Summons, with costs reserved.