Debt Recovery in Hong Kong – Outline

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10 Questions

What is required for the court to grant an interlocutory prohibitory injunction?

Serious issue to be tried and balance of convenience

What is the main requirement for an interlocutory mandatory injunction?

Strong prima facie case and balance of convenience

What does a Mareva injunction primarily aim to do?

Prohibit the defendant from disposing of assets

When can a party appeal against a finding of fact?

Only if the trial judge's conclusion on facts is plainly wrong

What does the Court consider when deciding whether to grant leave for an appeal?

If there is a reasonable prospect of success or other interests of justice

What is the jurisdiction of the District Court in Hong Kong for civil disputes?

Between HK$75,000 and HK$3 million

Which court in Hong Kong has unlimited civil jurisdiction?

Court of First Instance

In what situation is the Originating Summons suitable in Hong Kong civil litigation?

When interpretation of terms in a legal document is required

What is the first step in the procedure when starting a case using an Originating Summons in Hong Kong?

Plaintiff to file Originating Summons

When is a Writ of Summons generally used in civil actions in Hong Kong?

For cases involving substantial disputes of fact

Explore the available options for debt recovery in Hong Kong, including civil litigation and general timetables. Understand the jurisdiction and levels of courts involved in the process.

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