4 Mar 2025
MOUNTAIN ROAD HOLDINGS LTD v. PLAINVIM INTERNATIONAL SCIENCE INDUSTRIAL PARKS HOLDINGS LTD (previously known as PLAINVIEW INTERNATIONAL PROPERTIES DEVELOPMENT HOLDINGS AND ANOTHER
- Citation
- [2025] HKCFI 920
- Court
- Court of First Instance
- Case number
- HCCT60/2023
The Originating Summons was dismissed. The plaintiff failed to show the requisite real risk of dissipation to justify a Mareva injunction and failed to justify proceeding ex parte without notice in respect of the interim injunction restraining breach of Clause 6.1; although there was a serious issue to be tried on breach of Clause 6.1, the ex parte ambush was unjustified and there was relevant non-disclosure (not deliberate) in the ex parte papers. Accordingly the defendants were entitled to costs but justice required apportionment: defendants awarded 80% of costs on a party and party basis t…