Read the full judgment text of FCMC 2161/2015 on BabelCite. This Family Court judgment was delivered on 8 March 2018 before 區域法院暫委法官彭家光.
Matrimonial proceedings – Mareva injunction – Asset freezing – s.17 MPPo – Good arguable case – Risk of dissipation – Balance of convenience – Injunction extended – Costs reserved. The court considered an application to extend a temporary injunction freezing company shares transferred by the husband to a third party. The court found the applicant had a good arguable case under s.17 of the Matrimonial Proceedings and Property Ordinance as the transfer was within 3 years and at undervalue. There was a risk of dissipation as shares were already transferred to a Seychelles company. The balance of convenience favored the injunction as the assets were important family assets and the applicant offered an undertaking to compensate the third party. The injunction was extended until the s.17 application is determined.
Legal issues: Good arguable case under s.17 MPPo · Risk of dissipation of assets · Balance of convenience
Outcome: Injunction extended until the s.17 application is determined
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