A CO v. B CO AND OTHERS

A CO v. B CO AND OTHERS

The Enforcement Order was set aside because at the time of the ex parte application the Applicant had ongoing enforcement proceedings on the Mainland which, under section 93 of the Arbitration Ordinance, precluded a Hong Kong enforcement application until those Mainland enforcement proceedings were completed or...

Source-derived case information.

Citation
[2021] HKCFI 1477
Parties
Applicant: A Co; 1st Respondent: B Co; 2nd Respondent: C Co; 3rd Respondent: D Co; 4th Respondent: E Co; 5th Respondent: F Co; 6th Respondent: G Co; 7th Respondent: H; 8th Respondent: I; 9th Respondent: J
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 May 2021
Case Number
HCCT25/2020
Procedural Posture
Enforcement of Arbitration Award / Summons to Set Aside Enforcement Order; Judgment After Hearing
Outcome
Enforcement Order set aside
Legal Topics
Enforcement of Foreign Arbitral Award, Double Enforcement / Concurrent Enforcement Proceedings, Ex Parte Leave and Duty of Full and Frank Disclosure, Jurisdiction and Recognition of Mainland Court Enforcement Orders
Source Language
en
Arbitration Civil Procedure Enforcement Enforcement of Foreign Arbitral Award Double Enforcement / Concurrent Enforcement Proceedings Ex Parte Leave and Duty of Full and Frank Disclosure Jurisdiction and Recognition of Mainland Court Enforcement Orders

Source-derived case record

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Parties

A Co

Applicant

B Co

1st Respondent

C Co

2nd Respondent

D Co

3rd Respondent

E Co

4th Respondent

F Co

5th Respondent

G Co

6th Respondent

H

7th Respondent

I

8th Respondent

J

9th Respondent

Procedural Posture

Enforcement of Arbitration Award / Summons to Set Aside Enforcement Order; Judgment After Hearing

Legal Issues

  1. 1 Whether the Hong Kong Enforcement Order should be set aside because enforcement proceedings on the Mainland were pending at the time of the ex parte application
  2. 2 Whether the Applicant failed to make full and frank disclosure in its ex parte application for leave to enforce
  3. 3 Whether orders made by Mainland courts in enforcement proceedings amount to completed enforcement for the purposes of the Arbitration Ordinance and whether the November Judgment concluded enforcement as against the 3rd Respondent

Ratio Decidendi

The Enforcement Order was set aside because at the time of the ex parte application the Applicant had ongoing enforcement proceedings on the Mainland which, under section 93 of the Arbitration Ordinance, precluded a Hong Kong enforcement application until those Mainland enforcement proceedings were completed or concluded, and because the Applicant failed to make full and frank disclosure of material facts to the Court when seeking ex parte leave.

Court Disposition

Enforcement Order set aside

Orders

  • Enforcement Order dated 27 May 2020 set aside
  • Applicant to pay the Respondents costs of the application for the Enforcement Order and its discharge on an indemnity basis with certificate for one counsel