3 Oct 2019
CLEAR SUCCESS LTD v. 北京北大高科技產業投資有限公司
- Citation
- [2019] HKCFI 2438
- Court
- Court of First Instance
- Case number
- HCMP1092/2019
The application for a summary declaration was refused because the evidence raised serious, unresolved issues going to the Court's discretion in equity: potential connectedness of the parties and use of nominee arrangements to circumvent PRC restrictions, the Zhongjiang Court's decision upholding the PRC freezing order and its legal findings under PRC regulations, lack of explanation or evidence addressing those findings, and concerns that the declaration might be used to influence foreign proceedings; these issues precluded a summary, uncontested declaration and required a full evidentiary he…