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Debt Recovery in Hong Kong – Outline

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Questions and Answers

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

A strong prima facie case and adequacy of damages
Serious issue to be tried and balance of convenience (correct)
Adequacy of damages and real risk of dissipation of assets
Strong prima facie case and balance of convenience

What is the main requirement for an interlocutory mandatory injunction?

A strong prima facie case and adequacy of damages
Adequacy of damages and real risk of dissipation of assets
Strong prima facie case and balance of convenience (correct)
Serious issue to be tried and balance of convenience

What does a Mareva injunction primarily aim to do?

Ensure that the plaintiff's loss is compensated by damages
Prohibit the defendant from disposing of assets (correct)
Prevent the defendant from acting dishonestly
Compel the defendant to perform a positive act

When can a party appeal against a finding of fact?

Only if the trial judge's conclusion on facts is plainly wrong (A) Signup and view all the answers

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 (A) Signup and view all the answers

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

Between HK$75,000 and HK$3 million (B) Signup and view all the answers

Which court in Hong Kong has unlimited civil jurisdiction?

Court of First Instance (C) Signup and view all the answers

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

When interpretation of terms in a legal document is required (A) Signup and view all the answers

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

Plaintiff to file Originating Summons (D) Signup and view all the answers

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

For cases involving substantial disputes of fact (A) Signup and view all the answers