Read the full judgment text of HCMP 636/2022 on BabelCite. This High Court CFI judgment was delivered on 11 September 2024 before Hon Ng J.
Civil procedure – injunction – winding-up petition – undertaking to court – costs – summary judgment – release from undertaking – Plaintiff sought injunction to restrain Defendant from presenting winding-up petition based on statutory demand – Defendant had obtained summary judgment in separate proceedings for over HK$811 million – Defendant gave undertaking not to present winding-up petition pending determination of O 14 Summons – Plaintiff conceded OS and Injunction Summons should be dismissed following summary judgment – Defendant sought formal release from undertaking via D's Summons – Court held 4 situations in L v C for releasing party from undertaking not exhaustive – Court held most important consideration was O 14 Judgment confirmed Plaintiff had no bona fide defence – OS and Injunction Summons dismissed – Release from undertaking granted – Costs of all applications to Defendant.
Legal issues: Release from undertaking · Costs of applications
Outcome: OS and Injunction Summons dismissed; D's Summons para 1 granted; release from undertaking granted; costs to Defendant.
Cites 2 cases