Read the full judgment text of HCCT 52/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 4 March 2020 before Hon Mimmie Chan J in Chambers.
Construction and arbitration — Injunctions — Proprietary injunction and Mareva injunction — Arbitral proceedings under Arbitration Ordinance (Cap 609) — Application to continue or discharge interlocutory injunction — Plaintiff’s claim of breach of SPA and proprietary interest in proceeds of Shenyang Hotel Project — Defendant’s challenge on no valuable consideration and material non-disclosure — Court’s analysis of ‘serious question to be tried’ test — Consideration for specific performance requiring some value — Plaintiff’s evidence of perceived value and negotiations — Defendant’s claim of worthlessness rejected — Material non-disclosure denied given issues were disclosed to ex parte Judge — Finding of no delay in ex parte application — Proprietary injunction continued and time extended to comply with disclosure orders — Defendant ordered to pay costs with Certificate for two Counsel.
Legal issues: Serious question to be tried on proprietary claim · Material non-disclosure in ex parte application
Outcome: The proprietary injunction was continued; time to comply with disclosure orders was extended; Defendant ordered to pay costs with Certificate for 2 Counsel
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