8 Dec 2020
PALOMA CO LTD v. CAPXON ELECTRONIC INDUSTRIAL CO LTD
- Citation
- [2020] HKCFI 3050
- Court
- Court of First Instance
- Case number
- HCCT53/2017
The court appointed receivers over the 85,137,200 Lancom shares because legal execution (charging order and garnishee) was insufficient, there was a real prospect receivers exercising voting rights could enable Lancom to pursue claims to recover value for enforcement and the judgment debtor would not pursue those claims; by contrast continuation of the Mareva injunction against Listco was refused because Paloma failed to show good reason to suppose Listco's assets were amenable to enforcement or a real risk of dissipation and the injunction would unfairly prejudice Listco; costs allocated acc…
- Appointment of receivers over shares
- Mareva injunction against non-party (chabra)
- Charging order enforcement
- Enforcement of foreign arbitral award as judgment
- Derivative/third-party claims and rights to sue
- Breach of directors' fiduciary duties