FABIANO HOTELS LTD v. PROFITMAX HOLDINGS INC.AND OTHERS

FABIANO HOTELS LTD v. PROFITMAX HOLDINGS INC.AND OTHERS

The English default judgment for 4,240,142.75 was final and conclusive for enforcement purposes in Hong Kong; there were no credible triable issues or valid defences; summary judgment was therefore appropriate to enforce the English judgment; leave to file the affirmation out of time was granted due to lack of prejudice; and the section 21M Mareva injunction was properly continued to preserve assets pending enforcement. Applications to discharge or vary the injunction were refused.

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
HCMP2825/2016
Procedural Posture
Enforcement of Foreign Judgment and Ancillary Interim Relief (summary Judgment; Mareva Injunction) / Summary Judgment and Interlocutory Injunction Continuation Hearing (decision in Chambers)
Outcome
Summary judgment entered for the Plaintiff against all Defendants; injunction continued; leave to file affirmation allowed; applications to discharge or vary injunction refused; costs ordered nisi for the Plaintiff.
Legal Topics
Summary Judgment, Freezing Order (mareva) / Section 21 M HCO, Res Judicata, Default Judgment Finality, Leave to File Evidence Out of Time, Discharge and Variation of Injunction
Source Language
EN
Civil Procedure Private International Law Enforcement of Foreign Judgments Summary Judgment Freezing Order (mareva) / Section 21 M HCO Res Judicata Default Judgment Finality Leave to File Evidence Out of Time +1 more

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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 and Ancillary Interim Relief (summary Judgment; Mareva Injunction) / Summary Judgment and Interlocutory Injunction Continuation Hearing (decision 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 should be entered to enforce the English judgment
  3. 3 Whether the plaintiff should be granted leave to file an affirmation out of time

Ratio Decidendi

The English default judgment for 4,240,142.75 was final and conclusive for enforcement purposes in Hong Kong; there were no credible triable issues or valid defences; summary judgment was therefore appropriate to enforce the English judgment; leave to file the affirmation out of time was granted due to lack of prejudice; and the section 21M Mareva injunction was properly continued to preserve assets pending enforcement. Applications to discharge or vary the injunction were refused.

Court Disposition

Summary judgment entered for the Plaintiff against all Defendants; injunction continued; leave to file affirmation allowed; applications to discharge or vary injunction refused; costs ordered nisi for the Plaintiff.

Orders

  • Summary judgment entered against Profitmax Holdings Inc., Rhombus International Hotels Group Limited, Rhombus (HK) Management Limited and Rhombus Hotels & Resorts (Asia) Limited to enforce the English judgment for the sum of 4,240,142.75.
  • Leave granted to file and serve the affirmation of Lakhani out of time in HCMP 2825/2016.