29 Apr 2016
BANK OF CHINA LTD v. YANG FAN
- Citation
- BANK OF CHINA LTD v. YANG FAN
- Court
- Court of First Instance
- Case number
- HCMP1797/2015
The court held that although there was material non-disclosure to the ex parte judge, the non-disclosure was trivial and excusable and did not affect the merits; the Plaintiff had established a good arguable case that the PRC proceedings would yield a judgment likely final and conclusive for enforcement, the contractual clauses operated as exclusive Mainland jurisdiction clauses, the Plaintiff retained locus to sue by virtue of the assignments and authorisations, and a real risk of dissipation existed; accordingly the existing injunction was discharged for technical non-disclosure but a new i…