24 Apr 2019
FERRARI NORTH AMERICA, INC v. CHANGHON INTERNATIONAL ENERGY CO, LTD AND OTHERS
- Citation
- [2019] HKCFI 1175
- Court
- Court of First Instance
- Case number
- HCA852/2017
The court applied the established test for variation of freezing injunctions: variation will only be permitted where there is a material change in circumstances or where the defendant can show an arguable case that the funds do not belong to the plaintiff and the balance of justice favors permitting limited payments; where a proprietary claim is asserted over specific funds, payment out will not be made absent an arguable defence and a positive balance of justice in favour of the payee.