8 Jul 2021
ARJOWIGGINS HKK2 LTD v. SHANDONG CHENMING PAPER HOLDINGS LTD
- Citation
- [2021] HKCFI 1877
- Court
- Court of First Instance
- Case number
- HCCT53/2015
The court held that the Sum held by HKIAC was an attachable debt for the purposes of RHC Order 49 r1; statutory arbitral immunity under s105(1) AO did not preclude garnishee proceedings in respect of a ministerial order to return funds where HKIAC did not assert immunity or dishonesty; pursuing a winding-up petition concurrently with garnishee enforcement did not constitute abuse of process in the circumstances; there was no failure of full and frank disclosure material to the ex parte order; accordingly Chenming's summons was dismissed and the Nisi Order was made absolute.