Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fortification (security for injunction)

Legal area

Court

23 Sept 2024

KING FIELD SHIPYARD LTD v. TAI PAK SEA-FOOD RESTAURANT LTD AND ANOTHER

Citation

[2024] HKCFI 2320
Court

Court of First Instance
Case number

HCA1494/2022

Retrospective leave granted for Leung 3rd and Wong 3rd but further new evidence (Wong 4th) disallowed; Preservation Order to maintain status quo: Tai Pak Kitchen Boat to remain in Zhongshan Shipyard with plaintiff bearing storage costs; Tai Pak Restaurant Boat to be dry-docked and stored on land at Jianglong Shipyard (Jianglong chosen over Xinhui because lower transport risk, D1 to bear cost difference); Fire Separation Barge to be stored on land in Hong Kong with Harbour Shipping; Remaining Hull Parts to be stored in Hong Kong as previously agreed; plaintiff ordered to provide fortification…
11 Feb 2019

BANCO DE CHILE v. YONG MING TAI TECHNOLOGY TRADE CO., LTD AND OTHERS

Citation

[2019] HKCFI 316
Court

Court of First Instance
Case number

HCA2624/2018

The application for fortification was dismissed because the defendant failed to discharge the burden of showing a likelihood of significant loss and that the plaintiff would be unable to make good that loss; the court concluded that, on the material before it, fortification was not just and proper, and dismissal was ordered without prejudice to any future application for fortification.