Read the full judgment text of HCCT 84/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 August 2021 before Hon K Yeung J.
Construction and Arbitration Proceedings — Mareva Injunction in aid of arbitration — Section 45 Arbitration Ordinance — Order 73 rule 4 Cap 4A — Plaintiffs purchased residential properties from company controlled by defendant — Properties subject to prior sale or mortgage unknown to plaintiffs — Defendant executed Refund Agreements to refund purchase moneys but breached — Arbitration commenced in Shenzhen Court of International Arbitration — Defendant failed to acknowledge service or file evidence — Court confirmed jurisdiction to grant Mareva Injunction — Good arguable case established; risk of dissipation found — Injunction duration limited to point of arbitration awards with 180-day post-award expiry period — Defendant ordered to pay costs of hearing despite indication of no objection due to lack of representation and late notification — Mareva Injunction granted in terms of draft order with added duration paragraph; costs awarded to plaintiffs.
Legal issues: Jurisdiction to grant Mareva Injunction in aid of arbitration · Duration of Mareva Injunction · Costs of the hearing
Outcome: Mareva Injunction granted with specified duration and conditions; defendant ordered to bear costs of hearing