Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Worldwide mareva

Legal area

Court

24 Mar 2025

HOLINAIL H.K. LTD v. MATTHIAS POU AND OTHERS

Citation

[2025] HKCFI 1157
Court

Court of First Instance
Case number

HCA2397/2024

The court granted the 2nd to 4th defendants an extension on an unless basis to file and serve their affirmations by 4:00pm on 14 March 2025 and ordered debarment if they failed to comply; the court refused to award indemnity costs, finding the plaintiff's insistence disproportionate and that no conduct by the defendants met the high threshold for indemnity costs; the court admonished improper practice of copying correspondence to the Court and relying on letters instead of summonses and affirmations.
4 Apr 1989

BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD AND ANOTHER

Citation

BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1404/1989

The court applied the established Ninemia test (good arguable case plus a real risk of dissipation that would render judgment nugatory) to both domestic and foreign assets; it rejected a separate, higher legal threshold or categorical requirement of reprehensible conduct for worldwide Mareva relief. On the facts the plaintiff failed to establish sufficient evidence of disposable assets or an unfair/artificial risk of dissipation, and therefore the ex parte Mareva injunctions were discharged as to the surviving defendants.