Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

World-wide freezing order

Legal area

Court

11 Mar 2015

COMPANIA SUD AMERICANA DE VAPORES S.A v. HIN PRO INTERNATIONAL LOGISTICS LTD

Citation

COMPANIA SUD AMERICANA DE VAPORES S.A v. HIN PRO INTERNATIONAL LOGISTICS LTD
Court

Court of Appeal
Case number

CACV243/2014

The Court dismissed the appeal and upheld the discharge of the Hin-Pro Mareva, Hin-Pro Receivership Order, Soar Mareva and Soar Receivership Order because (1) judicial conflicts between PRC final judgments and interim English proceedings meant, in light of s21M(4) and international comity, it was unjust or inconvenient for Hong Kong court to grant the relief; (2) the Mareva granted was pre-emptive and excessive (reflective damages beyond usual precedents) and exceeded what was necessary to protect the plaintiff given available undertakings; and (3) the receivership order contained overbroad p…
8 Dec 2010

YIN CHIN v. WENG TZU TING

Citation

YIN CHIN v. WENG TZU TING
Court

Court of First Instance
Case number

HCA1435/2010

The court found the plaintiff had established a good arguable case of breach of trust, there was a real risk of dissipation and insufficient assets in Hong Kong to satisfy a judgment; the incomplete disclosure at the ex parte stage was not sufficiently material to have prevented the injunction; accordingly the court continued and expanded the injunction to a world-wide Mareva up to US$3,640,203.92, required the plaintiff to fortify her undertaking by US$250,000 and ordered costs nisi in the cause with certificate for two counsel.