30 Oct 2019
DELCO PARTICIPATION B.V. v. CHIHO-TIANDE GROUP LTD AND ANOTHER
- Citation
- [2019] HKCFI 2646
- Court
- Court of First Instance
- Case number
- HCA3040/2015
On interlocutory assessment the plaintiff established a good arguable case on its primary claims; relevant assets (the Escrow Fund of HK$64,067,118) are within the jurisdiction; having regard to the defendants' obstructive conduct in related BVI proceedings and evidence from Green Elite liquidators that distributions lacked lawful basis, there is a real risk of dissipation if the escrow is released; the balance of convenience favours preserving the escrow on agreed terms; accordingly Mareva relief should be granted and no fortification of the cross‑undertaking is ordered.