Read the full judgment text of HCCT 90/2024 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 September 2024 before Deputy High Court Judge Yuen.
Enforcement of Arbitration Award — Application for post-judgment worldwide Mareva injunction — Real risk of dissipation — Evidence insufficient — Releases of charges over deposit accounts with secured creditors do not establish dissipation — Allegation of ‘low commercial morality’ based on ‘false parent company’ previously rejected by Arbitral Tribunal — No sufficient change of circumstances to justify injunction — Leave to appeal refused — Non-disclosure relief granted to keep orders and decisions unsearchable and unpublished for 35 days after order issuance — Applicant’s application dismissed. The court emphasized the continued need to prove real risk of dissipation despite the more ready grant of post-judgment injunctions, and confirmed that the tribunal’s prior assessment remains persuasive absent new evidence. Consequently, no interlocutory relief was granted, and procedural requests for confidentiality were accommodated.
Legal issues: Application for post-judgment Mareva injunction and leave to appeal · Non-disclosure relief
Outcome: Applicant’s ex parte summons for leave to appeal dismissed; Mareva injunction refused; non-disclosure relief granted.
Cited by 1 case · Cites 1 case