8 Dec 2020
CHINA NPL HOLDINGS PTE. LTD v. MO HAIDAN AND OTHERS
- Citation
- [2020] HKCA 1014
- Court
- Court of Appeal
- Case number
- CACV583/2020
The retrial orders issued by the Guangzhou Intermediate Court under PRC CPL (and the resulting stay of execution) deprived the Original Judgments of present enforceability in Hong Kong; consequently the plaintiff could not rely on those judgments alone to justify Mareva relief and had to proceed under s21M, which it failed to do because it did not establish a good arguable case on the underlying claim given the retrial orders and did not prove a real risk of dissipation; therefore the Mareva injunction was properly discharged and the appeal was dismissed.