Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Inspection of bankers' books
  • 12 Oct 1998

    ARMCO INC. AND OTHERS v. NPV LTD. AND ANOTHER

    Citation
    ARMCO INC. AND OTHERS v. NPV LTD. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA13168/1998

    The Hong Kong ex parte Mareva injunction was discharged because material non-disclosure occurred (failure to disclose earlier signed Atkins statement and the Donohue Answers); however, on the inter partes merits ARMCO demonstrated a good arguable case and a real risk of dissipation, so a fresh inter partes Mareva injunction in agreed terms was granted, the request for fortification/security was refused, and costs for the discharge and continuation summonses were awarded to the Second Defendant to be taxed forthwith.

    • Mareva injunction
    • Duty of full and frank disclosure
    • Inspection of bankers' books
    • Risk of dissipation
    • Fortification of undertakings
    • Costs for non-disclosure