ACCENT DELIGHT INTERNATIONAL LTD AND ANOTHER v. YVES BOUVIER AND ANOTHER

ACCENT DELIGHT INTERNATIONAL LTD AND ANOTHER v. YVES BOUVIER AND ANOTHER

Because the Hong Kong proceedings and orders were in aid of the Singapore lead proceedings and the Singapore court had ordered a stay of its disclosure orders pending determination, there was no valid reason to refuse a stay of the Hong Kong disclosure orders; accordingly the court stayed the Hong Kong disclosure orders until 4:00pm on 10 April 2015 or until further order.

Citation
ACCENT DELIGHT INTERNATIONAL LTD AND ANOTHER v. YVES BOUVIER AND ANOTHER
Parties
1st Plaintiff: Accent Delight International Ltd; 2nd Plaintiff: Xitrans Finance Ltd; 1st Defendant: Yves Bouvier; 2nd Defendant: Mei Invest Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2015
Case Number
HCMP573/2015
Procedural Posture
High Court, Court of First Instance, Miscellaneous Proceedings HCMP 573/2015 / Interim Applications: Applications for Stay of Disclosure Orders and for Leave to Appeal; Reasons for Decision Delivered (27 Mar 2015; Reasons Dated 13 Apr 2015)
Outcome
Order made staying the Hong Kong disclosure orders pending the Singapore hearing; other applications for leave to appeal were considered but the reasons of 26 March 2015 were held to have addressed the points raised.
Legal Topics
Stay of Execution, Leave to Appeal, Ex Parte Disclosure, Bankers Disclosure Order, Privilege Against Self Incrimination, Freezing Orders
Source Language
EN
Civil Procedure Injunctions Disclosure Orders International/ancillary Proceedings Stay of Execution Leave to Appeal Ex Parte Disclosure Bankers Disclosure Order +2 more

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Parties

Accent Delight International Ltd

1st Plaintiff

Xitrans Finance Ltd

2nd Plaintiff

Yves Bouvier

1st Defendant

Mei Invest Limited

2nd Defendant

Procedural Posture

High Court, Court of First Instance, Miscellaneous Proceedings HCMP 573/2015 / Interim Applications: Applications for Stay of Disclosure Orders and for Leave to Appeal; Reasons for Decision Delivered (27 Mar 2015; Reasons Dated 13 Apr 2015)

Legal Issues

  1. 1 Whether to stay Hong Kong disclosure orders pending determination of related proceedings in the lead jurisdiction (Singapore)
  2. 2 Whether leave to appeal should be granted against the decision of 20 March 2015/26 March 2015 reasons
  3. 3 Whether defendants can rely on privilege against self-incrimination in the context of the Monaco investigation

Ratio Decidendi

Because the Hong Kong proceedings and orders were in aid of the Singapore lead proceedings and the Singapore court had ordered a stay of its disclosure orders pending determination, there was no valid reason to refuse a stay of the Hong Kong disclosure orders; accordingly the court stayed the Hong Kong disclosure orders until 4:00pm on 10 April 2015 or until further order.

Court Disposition

Order made staying the Hong Kong disclosure orders pending the Singapore hearing; other applications for leave to appeal were considered but the reasons of 26 March 2015 were held to have addressed the points raised.

Orders

  • Disclosure orders in Hong Kong stayed up to and including 4:00pm on 10 April 2015 or until further order (whichever is earlier)