Read the full judgment text of HCCT 16/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 15 August 2022 before Hon Anthony Chan J.
Arbitration enforcement — Mareva injunction and security for costs — Set aside application out of time — Principles under O 73, r 10A RHC — Whether arbitral Award manifestly valid — Issue estoppel from supervisory court and UK court decisions upheld Award — 2nd Respondent failed disclosure and breached BVI Mareva injunction by transferring assets secretly — Applicant’s enforcement application strong and delay risks asset dissipation — Set Aside Application procedurally defective and abusive — No material non-disclosure found on brief consideration — Court grants order for security with reductions in sums and extension of payment time — Costs assessment ordered with procedural timetable.
Legal issues: Validity of the Award on brief consideration · Whether the Set Aside Application is an abuse of process · Material non-disclosure by Applicant · Whether delay in enforcement causes risk justifying security for costs
Outcome: Application for security by Applicant granted with modifications; Set Aside Application remains subject to security conditions
Cited by 1 case