Read the full judgment text of HCCT 48/2017 on BabelCite. This HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE judgment was delivered on 27 October 2017 before Hon Chow J.
Construction and Arbitration — Mareva Injunction — Enforcement of Arbitration Award — Risk of Dissipation of Assets — Un-cooperation in Enforcement — Evidence — Court refused interim injunction due to insufficient evidence of asset dissipation risk. The applicant, award creditor under Beijing Arbitration Commission Award against DNK and guarantor respondent, obtained Enforcement Order in Hong Kong. Applicant alleged respondent disposed of shares and was uncooperative in enforcement in PRC courts. Ex parte injunction application dismissed for lack of solid evidence. Inter partes application relying chiefly on uncooperation, supported by PRC court report, also refused. Court stressed high standard of proof needed for Mareva injunction, requiring evidence of improper conduct risking frustration of enforcement. Directions made for evidence filing and substantive hearing. Costs reserved.
Legal issues: Whether to grant a Mareva injunction
Outcome: Interim Mareva injunction refused; directions given for further evidence and substantive hearing
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