27 Feb 2019
ALLTOGETHER LAND CO LTD v. CHINA CREATE CAPITAL LTD
- Citation
- [2019] HKCFI 564
- Court
- Court of First Instance
- Case number
- HCMP98/2019
Given the evidence that CSB received the shares into its margin account without notice of the lock‑in clause, and that the shares were subject to an equitable charge in favour of CSB enforceable through CCASS, the court exercised its discretion to vary the ex‑parte Mareva injunction to permit CSB to exercise its claimed proprietary rights over the remaining shares; the risk that CSB would ultimately be found to have acted wrongfully was assessed as remote and Alltogether's undertaking was released.