Read the full judgment text of HCCT 47/2017 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 13 August 2018 before Hon Mimmie Chan J.
Arbitration enforcement—Ex parte application for leave under Arbitration Ordinance (Cap 609) sections 84 and 92—Duty of full and frank disclosure—Applicant’s Legal Representative Jin Zhe removed by shareholder and board resolutions before filing—Material non‑disclosure of removal and authority challenge at ex parte application—Leave Order, judgment and garnishee order set aside for non‑disclosure and lack of authorization—Dispute over status of Legal Representative under Mainland law—Relevant Mainland judgment recognizing new Legal Representative—Court declines to re‑grant leave—Costs ordered against Jin and LS for unauthorised conduct.
Legal issues: Duty of full and frank disclosure in ex parte enforcement applications · Authority of Legal Representative to institute proceedings · Effect of material non-disclosure on enforcement order
Outcome: The Leave Order, the Judgment, and the garnishee order to show cause were set aside for material non-disclosure and lack of authority.