Background: Hong Fang Wu commenced an action against Zhiyong Ma and his company, Superoptionforex Consulting Inc. (SOF Inc.), for damages due to the loss of investment monies. The court awarded Wu a judgment of $1,259,484.52 for negligence and breach of fiduciary duty. Ma and his ex-wife, Ying Wang, sold their jointly owned property and withdrew large sums from their bank accounts.

Legal Issues/Arguments: Wu appealed an order setting aside a Mareva injunction against Ma, arguing the chambers judge erred by not drawing an adverse inference against Ma for failing to provide credible evidence about his asset disposition. The judge had set aside the injunction, citing no evidence of Ma's possession of assets. Wu argued that Ma's failure to explain the withdrawals required an adverse inference. Ma claimed he repaid personal loans but provided no credible documentation or clear explanations.

Held: The Court of Appeal allowed Wu's appeal, stating the judge should have considered drawing an adverse inference against Ma. It was found that Ma largely emptied his accounts shortly after the judgment, necessitating a balance of justice and convenience that favored Wu.

Costs/Damages Awarded: The court restored the initial Mareva injunction, directing Wu's counsel to prepare a new order with appropriate terms. The initial judgment of $1,259,484.52 in favor of Hong Fang Wu was maintained. The court also required Wu to expedite her action, setting a nine-month term for the new order.