Read the full judgment text of FAMV33/2015 on BabelCite. This Court of Final Appeal judgment was delivered on 2 February 2016 before Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Fok PJ.
Application for leave to appeal from Court of Appeal decision on section 21M(1) application for interlocutory relief in aid of foreign proceedings – underlying contract with exclusive jurisdiction clause – worldwide Mareva injunction obtained in agreed forum – Court of Appeal applied principles on anti-suit injunctions and comity – proposed appeal raises questions of great general or public importance: (1) applicable legal principles under section 21M(1) and Refco test; (2) role of judicial comity; (3) correctness of reliance on Airbus v Patel – also question whether defendant's undertaking provided sufficient protection – leave to appeal granted on all four questions – appeal set for 12 October 2016.
Legal issues: First question under section 21M(1): applicable legal principles and Refco test · Second question: judicial comity · Third question: reliance on Airbus v Patel · Whether defendant's undertaking provided sufficient protection
Outcome: Leave to appeal granted.
Cited by 1 case