Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Third party undertakings

Legal area

Court

7 Jan 2025

C1 AND OTHERS v. IBS

Citation

[2025] HKCFI 227
Court

Court of First Instance
Case number

HCCT32/2024

The court held the tribunal's findings were within the scope of the arbitration because the construction of SPA s7.2 and the AAA/Plan and the question whether Mr Z ever acquired beneficial ownership of the ManCo share were live issues pleaded in the SODC and listed in the Agreed List; those findings were necessary to determine the validity of the 2016 and 2020 transfers and related appointments; the respondents had a reasonable opportunity to present their case; there was no denial of due process nor any public policy breach; accordingly the setting aside application failed and enforcement wa…
7 Dec 2007

CASEY MCDONALD AND ANOTHER v. GOLDEN DYNASTY ENTERPRISES LTD AND OTHERS

Citation

CASEY MCDONALD AND ANOTHER v. GOLDEN DYNASTY ENTERPRISES LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2388/2007

The application for an injunction was dismissed because receivers, as officers of the court, are entitled to access and, to the extent necessary for the receivership, share information to trace and preserve assets; the existence of separate discovery proceedings did not justify restraining the receivers from performing their duties, and receivers should, when sharing information with third parties such as Danone, obtain appropriate undertakings and seek directions if necessary.