6 Dec 2010
KAYDEN LTD v. SECURITIES AND FUTURES COMMISSION
- Citation
- KAYDEN LTD v. SECURITIES AND FUTURES COMMISSION <br>
- Court
- Court of Final Appeal
- Case number
- FACV1/2010
The Court allowed Kayden's appeal: the SFC impermissibly sought to reconstitute and materially alter its case after obtaining ex parte Mareva-type orders; the interim freezing orders obtained under the originating summons were not substantive relief capable of grounding service out under Order 11 and the Court of Appeal erred in granting leave to amend and to serve Kayden as a necessary or proper party; Kwan J's strict approach to limiting amendments and to the Order 11 jurisdiction was upheld.