FABIANO HOTELS LTD v. PROFITMAX HOLDINGS INC.AND OTHERS

FABIANO HOTELS LTD v. PROFITMAX HOLDINGS INC.AND OTHERS

The English default judgment was properly treated as final and conclusive for enforcement in Hong Kong; there were no triable issues and summary judgment was appropriate; the s21M injunction should be continued to permit enforcement given evidence of risk of dissipation and corporate rearrangements; leave to file...

Source-derived case information.

Citation
FABIANO HOTELS LTD v. PROFITMAX HOLDINGS INC.AND OTHERS
Parties
Plaintiff: Fabiano Hotels Limited; 1st Defendant: Profitmax Holdings Inc.; 2nd Defendant: Rhombus International Hotels Group Limited; 3rd Defendant: Rhombus (HK) Management Limited; 4th Defendant: Rhombus Hotels & Resorts (Asia) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2017
Case Number
HCA3428/2016
Procedural Posture
Enforcement of Foreign Judgment (summary Judgment; Injunction Proceedings) / Decision (heard in Chambers)
Outcome
Summary judgment entered for the Plaintiff against all Defendants; injunction continued until further order; leave to file Lakhani's affirmation out of time allowed; defendants' applications to discharge or vary the injunction refused; costs ordered against defendants (costs nisi).
Legal Topics
Summary Judgment, Recognition and Enforcement of Foreign Judgments, Finality of Default Judgments, Mareva/injunction Under Section 21 M High Court Ordinance, Leave to Adduce Evidence Out of Time, Variation and Discharge of Interim Injunctions
Source Language
en
Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Interim Remedies Company Law (corporate Structure/disclosure) Summary Judgment Recognition and Enforcement of Foreign Judgments Finality of Default Judgments +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fabiano Hotels Limited

Plaintiff

Profitmax Holdings Inc.

1st Defendant

Rhombus International Hotels Group Limited

2nd Defendant

Rhombus (HK) Management Limited

3rd Defendant

Rhombus Hotels & Resorts (Asia) Limited

4th Defendant

Procedural Posture

Enforcement of Foreign Judgment (summary Judgment; Injunction Proceedings) / Decision (heard in Chambers)

Legal Issues

  1. 1 Whether the English default judgment is final and conclusive and enforceable in Hong Kong
  2. 2 Whether summary judgment is appropriate to enforce the English judgment
  3. 3 Whether the Mareva/injunction under section 21M should be continued pending enforcement

Ratio Decidendi

The English default judgment was properly treated as final and conclusive for enforcement in Hong Kong; there were no triable issues and summary judgment was appropriate; the s21M injunction should be continued to permit enforcement given evidence of risk of dissipation and corporate rearrangements; leave to file the affirmation out of time was granted due to lack of prejudice; defendants' unscheduled applications to discharge or vary the injunction were refused.

Court Disposition

Summary judgment entered for the Plaintiff against all Defendants; injunction continued until further order; leave to file Lakhani's affirmation out of time allowed; defendants' applications to discharge or vary the injunction refused; costs ordered against defendants (costs nisi).

Orders

  • Enter summary judgment for the Plaintiff against all Defendants in respect of the English judgment debt
  • Continue the injunction order until further order to enable enforcement