Hong Kong Case Law: Decisions & Judgments

20 May 2016

SHANGHAI LIYOU INVESTMENT MANAGEMENT LTD v. NINGXIA ZHONGYINCASHMERE INTERNATIONAL GROUP CO LTD AND OTHERS

Citation: SHANGHAI LIYOU INVESTMENT MANAGEMENT LTD v. NINGXIA ZHONGYINCASHMERE<br>INTERNATIONAL GROUP CO LTD AND OTHERS
Court: Court of First Instance
Case number: HCMP3423/2015

The court discharged the ex parte Injunction Order and refused to re-grant equivalent relief because the plaintiff deliberately failed to give notice when there was ample opportunity and seriously failed to make full and frank disclosure of material matters to the judge; additionally, the proposed extended injunction was unnecessary or inappropriate because the Merger Agreement had been terminated and any residual risk was addressed by defendants' undertakings and because such interlocutory relief should in any event have been sought in the arbitral tribunal.

Ex parte injunction
Continuation and discharge of interlocutory injunction
Duty of full and frank disclosure
Forum for interim relief (court v arbitral tribunal)
Leave to amend originating summons
Mootness/otiose relief

Hong Kong Case Law

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SHANGHAI LIYOU INVESTMENT MANAGEMENT LTD v. NINGXIA ZHONGYINCASHMERE INTERNATIONAL GROUP CO LTD AND OTHERS