11 Sept 2020
JESSOP & BAIRD (HONG KONG) LTD v. NEO HWEE KHIM AND OTHERS
- Citation
- [2020] HKCFI 2264
- Court
- Court of First Instance
- Case number
- HCA2572/2016
The court discharged the interlocutory mandatory injunctions and set aside the leave to commence committal proceedings because JBHK failed to establish a high degree of likelihood of success that it was the beneficial owner of the Subject Properties under the governing PRC law; key assets were subject to a PRC asset preservation order and potential PRC customs restraints; defendants raised plausible lien and ownership defences; material non-disclosure/misrepresentation tainted the ex parte applications; on balance of convenience the Subject Properties should remain in situ.