Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Full and frank disclosure (ex parte applications)

Legal area

Court

6 Dec 2012

SNE ENGINEERING CO LTD v. CHIM KEE MACHINERY CO LTD

Citation

SNE ENGINEERING CO LTD v. CHIM KEE MACHINERY CO LTD
Court

Court of First Instance
Case number

HCA1313/2012

Leave to appeal was refused because the judge correctly found the plaintiff failed to discharge the duty of full and frank disclosure in the ex parte application and there was no such extreme urgency as to justify dispensing with notice; accordingly costs were properly ordered against the plaintiff and the application to appeal had no real prospect of success.
1 Apr 1998

HANJIN SHIPPING CO LTD v. GRAND KING SHIPPING LTD

Citation

HANJIN SHIPPING CO LTD v. GRAND KING SHIPPING LTD
Court

Court of First Instance
Case number

HCCL78/1998

The ex parte Mareva injunction was discharged because the plaintiff failed to disclose two material contractual addenda to the court on the ex parte application; those addenda went to the core issue of the identity of the charterer, the plaintiff did not demonstrate a good arguable case on rectification or contract formation, and did not satisfy the court of a real risk of dissipation sufficient to justify Mareva relief inter partes.