YEUNG LAI SZE RITZ (楊麗詩) (also known as YEUNG LAI SZE (楊麗詩)), the intended personal representative of the estate of YEUNG KAM (楊金) (also known as YEUNG KAM (楊鑫)) v. YEUNG KIN PANG (楊健鵬) AND OTHERS

HCA 235/2023

[2023] HKCFI 695

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 235 OF 2023

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BETWEEN

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DECISION

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1.  This interim interim injunction application is not very far from a blatant abuse of process. Plainly, there is no urgency which may justify an ex parte injunction to be made. That must be obvious to the Plaintiff. It appears to me that in an attempt to overcome the obstacle, the Plaintiff took out a Summons for inter parte injunction, fixed a 15 minute hearing and asked for an interim interim injunction at the 15 minute hearing.

2.  The skeleton arguments lodged by the parties on this issue came to 20 pages of dense material with 15 authorities cited. This is an unfair burden on the court and should be discouraged. It must also be said that unfair occupation of the court’s time means that other court users had been deprived of the same.

3.  I need only say a few words about the lack of merit of this application. First, there is no urgency. The share transfer in question was known to the Plaintiff since January 2022. Second, I fail to see any concrete evidence for the Plaintiff’s allegation of wrongdoings involved in the disposal of the shares by the deceased father to one of his sons. A disposal of assets by an aged parent to his child is commonplace.

4.  I therefore dismiss the application and I shall hear the parties on costs.