3 Mar 2017
HERBERT SMITH FREEHILLS (a firm) v. CHRIS AU AND ANOTHER
- Citation
- HERBERT SMITH FREEHILLS (a firm) v. CHRIS AU AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA3030/2015
The court found genuine urgency for the ex parte Mareva injunction due to the imminent settlement and real risk of dissipation; although the plaintiff omitted to disclose the possibility of applying for substitution in the bankruptcy proceedings (a material omission), that omission was innocent and outweighed by other considerations including the plaintiff's intention to enforce and the defendant's conduct; the court exercised its discretion to continue the worldwide Mareva injunction in amended form, downsized the frozen amount to HK$1,952,977.76, removed specified schedule items, and grante…