Read the full judgment text of HCCT 111/2022 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 October 2023 before Hon Mimmie Chan J.
Construction and Arbitration — Enforcement of Mainland arbitral award — Leave to enforce granted ex parte and Mareva injunction granted over respondent’s Hong Kong assets — Respondent paid HK$38.4 million into court to discharge injunction — Enforcement order set aside by court for being contrary to Hong Kong public policy — Applicant sought leave to appeal setting aside — Respondent applied for payment out of amount paid into court pending appeal and before reasons delivered — Applicant contended decision premature, appeal pending, need for fair opportunity to oppose — Court held reasons for setting aside relevant to appeal only and enforcement order set aside with enforcement refused — No basis to continue Mareva injunction or retain funds — Pending appeal does not stay effect of setting aside — Court acceded to respondent’s payment out summons and dismissed applicant’s summoning for payment of funds to her — Costs ordered against applicant. The payment into court discharged the Mareva injunction dependent on enforcement, which ceased with setting aside. The award remains enforceable only outside Hong Kong. The judgment orders payment of funds plus interest to respondent and dismisses applicant’s premature summons, with costs awarded against applicant.
Legal issues: Payment out of funds paid into court following discharge of Mareva injunction
Outcome: The Court acceded to Lee’s summons for payment out of funds paid into court, dismissed Song’s summons for payment of funds to her, and dismissed Song’s premature application for payment out.
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