HO CHING CHEONG and Others v. THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA Others

HO CHING CHEONG and Others v. THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA Others

The Court vacated the imminent trial dates and refixed trial for 10 October 1994 because the short time before 14 March made it impossible for defendants, given the Mareva injunctions and their asserted need to raise funds, to prepare a fair defence; consequently the parts of the judge's orders that adjourned to trial the defendants' applications to discharge the Mareva injunctions were set aside to permit defendants to renew those applications in light of the material change in circumstances.

Citation
HO CHING CHEONG and Others v. THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA Others
Parties
Respondent/plaintiff: THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE'S CONSTRUCTION BANK OF CHINA AND 2 OTHERS; Respondent/plaintiff: IMAGE TECHNOLOGY (HK) LIMITED AND 3 OTHERS; Appellant/defendant: HO CHING CHEONG AND 2 OTHERS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 1994
Case Number
HCMP425/1994
Procedural Posture
Civil Appeal From High Court Interlocutory Orders / Judgment on Appeal (interlocutory Matters: Trial Scheduling and Injunctions)
Outcome
Trial dates commencing 14 March 1994 vacated and new trial dates fixed to commence 10 October 1994; parts of the judge's orders that adjourned the hearing of applications to discharge the Mareva injunctions to the trial are set aside; defendants permitted to apply to the judge to discharge the Mareva injunctions;...
Legal Topics
Mareva Injunction, Discharge of Injunction, Trial Adjournment, Preparation for Trial, Balance of Prejudice
Source Language
EN
Civil Procedure Equity Injunctions Commercial Litigation Mareva Injunction Discharge of Injunction Trial Adjournment Preparation for Trial +1 more

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Parties

THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE'S CONSTRUCTION BANK OF CHINA AND 2 OTHERS

Respondent/plaintiff

IMAGE TECHNOLOGY (HK) LIMITED AND 3 OTHERS

Respondent/plaintiff

HO CHING CHEONG AND 2 OTHERS

Appellant/defendant

Procedural Posture

Civil Appeal From High Court Interlocutory Orders / Judgment on Appeal (interlocutory Matters: Trial Scheduling and Injunctions)

Legal Issues

  1. 1 Whether trial dates fixed to commence 14 March 1994 should be vacated and refixed
  2. 2 Whether defendants were entitled to more time to prepare given Mareva injunctions and alleged inability to fund litigation
  3. 3 Whether parts of the judge's orders adjourning applications to discharge Mareva injunctions should be set aside to permit defendants to renew their applications

Ratio Decidendi

The Court vacated the imminent trial dates and refixed trial for 10 October 1994 because the short time before 14 March made it impossible for defendants, given the Mareva injunctions and their asserted need to raise funds, to prepare a fair defence; consequently the parts of the judge's orders that adjourned to trial the defendants' applications to discharge the Mareva injunctions were set aside to permit defendants to renew those applications in light of the material change in circumstances.

Court Disposition

Trial dates commencing 14 March 1994 vacated and new trial dates fixed to commence 10 October 1994; parts of the judge's orders that adjourned the hearing of applications to discharge the Mareva injunctions to the trial are set aside; defendants permitted to apply to the judge to discharge the Mareva injunctions;...

Orders

  • Trial dates commencing 14 March 1994 vacated and refixed from 10 October 1994 onwards
  • Parts of the judge's orders adjourning the defendants' applications to discharge the Mareva injunctions to trial are set aside