SUZANNE RUTH HENDERSON v. SCOTT HENDERSON

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 MaintenanceOrders (Reciprocal Enforcement) (Designation of Reciprocating Countries) Order (Cap 188B)

and

IN THE MATTER of registration and enforcement of a maintenance order made by the Superior Court of Justice Family Court Branch ofOntario, Canada, dated 15th January 2009 (“the Ontario AR Order”)

and

IN THE MATTER of a world-wide Mareva Injunction application

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BETWEEN

SUZANNE RUTH HENDERSON Plaintiff

and

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 termsas 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 mydecision 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 continueto 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 fromhis bank account. He will not have any provision for his ordinary and proper living expenses and legal advice and representationfor 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 I do not think there should be substantial prejudice to the defendant because if he had already withdrawn his salary, paid intohis bank account on or about 26 July 2014 (that is in accordance with the past pattern, as I can observe), that may be sufficientto sustain him under the effect of Hartmann J’s order for about two months up to the end of September 2014, pending my decision.

(Queeny Au-Yeung)
Judge of the Court of First Instance
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