Read the full judgment text of CACV 002268/2001 on BabelCite. This Court of Appeal judgment was delivered on 9 April 2002 before Mayo VP, Yeung J, Stone J.
Civil procedure – Mareva injunction – material non-disclosure – fresh injunction – additional evidence on appeal – risk of asset dissipation – Po Kwong Marble Factory Ltd v Wah Yee Decoration Co Ltd [1997] HKLRD 1341 – Ladd v Marshall – appeal from Deputy Judge Whaley discharging ex parte Mareva injunction due to material non-disclosure – plaintiffs appealed limited to issue of whether fresh injunction should be granted – leave granted to adduce further evidence post-dating judgment – additional evidence showed 2nd defendant ceased business and default judgments unsatisfied – 1st defendant had perjury conviction, bankruptcy, absent from jurisdiction – risk of dissipation grave – fresh injunction granted – appeal allowed – costs and order format to be determined.
Legal issues: Grant of fresh Mareva injunction despite material non-disclosure
Outcome: Appeal allowed; fresh Mareva injunction granted.