LINK FISH IMPORT & EXPORT S.L. v. MULTIPLY IMPORT & EXPORT HK LTD AND ANOTHER

LINK FISH IMPORT & EXPORT S.L. v. MULTIPLY IMPORT & EXPORT HK LTD AND ANOTHER

On the material before the court the plaintiff made sufficient disclosure at the ex parte stage, has demonstrated a good arguable case of fraud such that a real risk of dissipation can be inferred, and the balance of convenience favors continuation of the Mareva injunction and Bankers' Order against the 1st...

Source-derived case information.

Citation
LINK FISH IMPORT & EXPORT S.L. v. MULTIPLY IMPORT & EXPORT HK LTD AND ANOTHER
Parties
Plaintiff: Link Fish Import & Export S.L.; 1st Defendant: Multiply Import & Export HK Limited; 2nd Defendant: Britaway WB Asia Pacific Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2016
Case Number
HCMP331/2016
Procedural Posture
Civil Injunction Application (mareva) and Disclosure (bankers' Order); Originating Summons / Interim Hearing for Continuation of Mareva Injunction and Bankers' Order; Chambers Decision on Interlocutory Summonses
Outcome
Mareva injunction and Bankers' Order continued against 1st defendant; 1st defendant's summons to discharge dismissed; costs orders nisi made; no order against 2nd defendant on these matters pending its summons; solicitors for 2nd defendant to show cause on costs relating to their summons.
Legal Topics
Mareva Injunction, Bankers' Disclosure Order, Constructive Trust, Money Had and Received, Unjust Enrichment, Full and Frank Disclosure, Dissipation of Assets, Originating Summons Vs Writ, Costs Nisi
Source Language
en
Civil Equity Company Law Commercial Banking Fraud and Dishonesty Civil Procedure Mareva Injunction Bankers' Disclosure Order +7 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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Link Fish Import & Export S.L.

Plaintiff

Multiply Import & Export HK Limited

1st Defendant

Britaway WB Asia Pacific Limited

2nd Defendant

Procedural Posture

Civil Injunction Application (mareva) and Disclosure (bankers' Order); Originating Summons / Interim Hearing for Continuation of Mareva Injunction and Bankers' Order; Chambers Decision on Interlocutory Summonses

Legal Issues

  1. 1 Whether applicant made full and frank disclosure at the ex parte stage
  2. 2 Whether the plaintiff has a good arguable case of fraud and constructive trust against the 1st and 2nd defendants
  3. 3 Whether there is a real risk of dissipation of assets justifying continuation of Mareva injunction

Ratio Decidendi

On the material before the court the plaintiff made sufficient disclosure at the ex parte stage, has demonstrated a good arguable case of fraud such that a real risk of dissipation can be inferred, and the balance of convenience favors continuation of the Mareva injunction and Bankers' Order against the 1st defendant; therefore the injunctions are continued and the 1st defendant's discharge application is dismissed, with costs directions as ordered.

Court Disposition

Mareva injunction and Bankers' Order continued against 1st defendant; 1st defendant's summons to discharge dismissed; costs orders nisi made; no order against 2nd defendant on these matters pending its summons; solicitors for 2nd defendant to show cause on costs relating to their summons.

Orders

  • Continue the Mareva Injunction and the Bankers' Order against the 1st defendant until determination of the proceedings or further order of the court.
  • Dismiss the 1st defendant's summons dated 17 February 2016 for discharge of the Mareva Injunction and the Bankers' Order.