Fremery Resources Ltd & Anor v Chan Kam Ping & Anor 

[2025] HKCFI 5899, the Court granted worldwide 

and proprietary injunctions in favour of a family company and the wife as shareholder thereof, to restrain her ex-husband from diverting and misappropriating certain commissions from an Australian mining project which were payable to the family company.

DHCJ Alan Kwong found that the husband “

calculatedly took a series of insidious actions for the purpose of misappropriating the commission payments

” in showing that the husband was dishonest and of low commercial morality.

As such, the Judge granted the injunctions, emphasising that there is no reason why “

unscrupulous litigants should be allowed to benefit from their unconscionability

”. The fact that the wife had obtained injunctive relief in the matrimonial proceedings did not prevent the High Court from awarding the injunctions sought on behalf of the family company.

Further, the Judge conducted a useful review of authorities on 

injunctions. The ultimate test was whether there was a good reason to suppose that the assets would be amenable to execution of a judgment against the cause of action defendant (CAD). This could include, for example, a situation where the CAD might fail to satisfy the judgment, with the result that he would be bankrupted and the trustees in bankruptcy would be able to realise the assets of a company owned by the CAD.

, instructed by DLA Piper Hong Kong, acted for the Plaintiffs.

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