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HCMP 1780/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 1780 OF 2013
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IN THE MATTER of sections 7 and 9 of the Maintenance Orders (Reciprocal Enforcement) (Cap 188) and Part I of the Schedule of the Maintenance Orders (Reciprocal Enforcement) (Designation of Reciprocating Countries) Order (Cap 188B)
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and
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IN THE MATTER of registration and enforcement of a maintenance order made by the Superior Court of Justice Family Court Branch of Ontario, Canada, dated 15th January 2009 (“the Ontario AR Order”)
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and |
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IN THE MATTER of a world-wide Mareva Injunction application |
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BETWEEN
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SUZANNE RUTH HENDERSON |
Plaintiff |
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and
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SCOTT HENDERSON |
Defendant |
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Before: Hon Au-Yeung J in Chambers
Date of Hearing: 31 July 2014
Date of Ruling: 31 July 2014
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R U L I N G
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1. I will be adjourning for decision on the summons taken out by the wife and I will be making an order in terms of the draft terms as I have proposed and as I have just gone through with counsel. I make clear, this is just a stop-gap measure whilst I write my decision under the summons.
2. The effect of these stop-gap terms is that the Mareva injunction will continue so that, in substance, CAD803,610.50 will continue to be frozen pursuant to Louis Chan J’s order, as amended.
3. Regardless of what had been ordered before, the defendant shall not be at liberty to withdraw any part of his salary/income from his bank account. He will not have any provision for his ordinary and proper living expenses and legal advice and representation for the time being, whilst the summons is under consideration.
4. I do not think there should be substantial prejudice to the defendant because if he had already withdrawn his salary, paid into his bank account on or about 26 July 2014 (that is in accordance with the past pattern, as I can observe), that may be sufficient to sustain him under the effect of Hartmann J’s order for about two months up to the end of September 2014, pending my decision.
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(Queeny Au-Yeung)
Judge of the Court of First Instance
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High Court |
Mr Felix Ng, instructed by Deannie Yew and Associates, for the plaintiff
Mr Paul Leung, instructed by Hampton, Winter & Glynn, for the defendant
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