INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

The court refused to re-open or re-litigate the final orders made on 1 and 4 February; directed that the contested applications (increase of security to $87.5M and variation/extension of the anti-suit injunction) be stood over for a three-hour inter partes hearing to be fixed, granted defendants 21 days to file further affidavits, disallowed further affidavits without leave, reserved the question of cross-examination to a short directions appointment (30 minutes) and reserved costs to the substantive hearing; ordered that Robertsons pay $2,000,000 into court and that paragraph 5 be amended to reflect payment into court.

Citation
INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS
Parties
1st Plaintiff: INDIAN CORRIDOR SDN BHD; 2nd Plaintiff: PEMBANGUNAN QUALICARE SDN BHD; 1st Defendant: CHINA IDEA DEVELOPMENT LIMITED; 2nd Defendant: YANFULL INVESTMENTS LIMITED; 3rd Defendant: GOLDEN PLUS HOLDINGS BHD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2008
Case Number
HCA1/2008
Procedural Posture
Civil Commercial Injunctions (mareva and Anti Suit) / Interlocutory (ruling on Contested Summonses)
Outcome
Partial: applications adjourned and procedural directions given; earlier orders maintained and not re-opened at this hearing.
Legal Topics
Mareva Injunction, Anti Suit Injunction, Security for Undertakings, Re Opening Ex Parte Orders, Adjournment and Cross Examination of Affidavit Evidence
Source Language
EN
Civil Procedure Injunctions Cross Border Litigation Security for Costs Court Discretion on Affidavits Mareva Injunction Anti Suit Injunction Security for Undertakings +2 more

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Parties

INDIAN CORRIDOR SDN BHD

1st Plaintiff

PEMBANGUNAN QUALICARE SDN BHD

2nd Plaintiff

CHINA IDEA DEVELOPMENT LIMITED

1st Defendant

YANFULL INVESTMENTS LIMITED

2nd Defendant

GOLDEN PLUS HOLDINGS BHD

3rd Defendant

Procedural Posture

Civil Commercial Injunctions (mareva and Anti Suit) / Interlocutory (ruling on Contested Summonses)

Legal Issues

  1. 1 Whether to increase security held under paragraph 5 from $20,000,000 to $87,500,000 pending inquiry into damages
  2. 2 Whether to extend the anti-suit injunction to have related Malaysian proceedings stayed
  3. 3 Whether the court should re-open or re-litigate its 1 and 4 February orders

Ratio Decidendi

The court refused to re-open or re-litigate the final orders made on 1 and 4 February; directed that the contested applications (increase of security to $87.5M and variation/extension of the anti-suit injunction) be stood over for a three-hour inter partes hearing to be fixed, granted defendants 21 days to file further affidavits, disallowed further affidavits without leave, reserved the question of cross-examination to a short directions appointment (30 minutes) and reserved costs to the substantive hearing; ordered that Robertsons pay $2,000,000 into court and that paragraph 5 be amended to reflect payment into court.

Court Disposition

Partial: applications adjourned and procedural directions given; earlier orders maintained and not re-opened at this hearing.

Orders

  • Robertsons to pay $2,000,000 into court and paragraph 5 of the Order of 4 February to be amended to delete references to Robertsons and to record payment into court
  • Both outstanding applications (variation of security from $20,000,000 to $87,500,000 and amendment/extension of anti-suit injunction) adjourned to a date to be fixed for a three-hour hearing on the basis that there will be no cross-examination