Wismettac Asian Foods, Inc. v Comm-pass Holdings Co Ltd And Others

Judgment Cited in Precedent Map Related
Judgment Date03 April 2020
Neutral Citation[2020] HKCFI 584
Judgement NumberHCA384/2020
Year2020
CourtCourt of First Instance (Hong Kong)

HCA 252 & 384/2020

[2020] HKCFI 584

HCA 252/2020

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 252 OF 2020

______________

BETWEEN

WISMETTAC ASIAN FOODS, INC.Plaintiff

and

UNITED TOP PROPERTIES LIMITED1st Defendant
YONG HO HING CO., LIMITED2nd Defendant
XT IMPORT AND EXPORT LIMITED3rd Defendant
KONGKONG GROUP CO., LIMITED4th Defendant

______________

HCA 384/2020

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 384 OF 2020

______________

BETWEEN

WISMETTAC ASIAN FOODS, INC.Plaintiff

and

COMM-PASS HOLDINGS COMPANY LIMITED1st Defendant
LEADER HILL TECHNOLOGY LIMITED2nd Defendant
CHIEF ONE (HK) TECHNOLOGY CO., LIMITED3rd Defendant
(formerly known as CHIEF ONE TECHNOLOGY CO., LIMITED)
GADLI LIMITED4th Defendant
JIACHEN INDUSTRY (HK) LIMITED5th Defendant
SILVER EXPRESS INVESTMENT LIMITED6th Defendant
______________
(Heard together)

Before: Hon K Yeung J in Chambers

Dates of Hearing: 3 April 2020

Date of Decision: 3 April 2020

______________

DECISION

______________

1. This is:

(a) the return date of the inter partes summons for the continuation of the ex parte proprietary and Mareva injunction granted on 9 March 2020 by Wilson Chan J against the defendants in HCA 252/2020, and

(b) the return date of the inter partes summons for the continuation of the ex parte proprietary and Mareva injunction granted on 20 March 2020 by G Lam J against the defendants in HCA 384/2020; and the Bankers’ Records Order granted by G Lam J in that same action also on that same day against 6 banks.

2. I have read the affirmation of Yuki Mihata (“Mihata”) dated 16 December 2019. Mihata is a Sales Manager of the Plaintiff, which is a private company in California. According to Mihata, the Plaintiff has been the victim of an email and impersonation fraud. The Plaintiff has been deceived into remitting various sums in the total amount of US$10,295,000 to 2 companies. They are ZL Trade Limited (“ZL”) and Jin Hongsheng Trading Co (“JHS”). Arising from those facts, the Plaintiff has started HCA 2315/2019 against those 2 companies as the 1st tier recipients of those funds. An ex parte proprietary and Mareva injunction, subsequently continued on an inter partes basis, has been obtained against them.

3. I have also read the affidavit of Dorothy Patricia Siron (“Siron”) of 9 March 2020. According to her, and according to information the Plaintiff obtained upon subsequent discovery and tracing exercise, part of the funds the Plaintiff remitted to JHS had been transferred to the 4 defendants in HCA 252/2020. It is the Plaintiff’s case hence...

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