Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Setting aside injunction

Legal area

Court

26 Nov 2012

ELITT ENGINEERING CONSULTANTS LTD v. SNE ENGINEERING CO LTD

Citation

ELITT ENGINEERING CONSULTANTS LTD v. SNE ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCA1312/2012

The Mareva injunction obtained ex parte was discharged because the plaintiff committed material non-disclosure (and active misleading) by failing to disclose that transfers to Japan were approved by its director and were legitimate business payments and by failing to produce adequate evidence of its ability to satisfy the cross-undertaking; on the facts there was no justification for a fresh Mareva injunction and an inquiry as to damages was ordered.
15 Jan 1986

INTERCONTINENTAL HOUSING DEVELOPMENT LIMITED v. QUEK TECK HUAT AND OTHERS

Citation

INTERCONTINENTAL HOUSING DEVELOPMENT LIMITED v. QUEK TECK HUAT AND OTHERS
Court

Court of First Instance
Case number

HCCL1/1986

The court discharged the Mareva injunction against the 4th Defendant because the plaintiff failed to establish, by clear and sufficiently particularised evidence, a strong prima facie case against him linking him to the removal of the funds; although other grounds (delay, inferences of assets and risk of dissipation) did not require discharge, insufficiency and vagueness of the evidential foundation on the central allegation was decisive.