Read the full judgment text of HCCT 2/2024 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 December 2024 before Hon Anthony Chan J.
Construction and Arbitration — Enforcement of Arbitral Award — Mareva Injunction — Asset Disclosure — Compliance with Court Orders — Procedural Sanctions — Utility of Further Disclosure Relief. The Applicant sought further disclosure of assets from the 2nd and 3rd Respondents in aid of enforcing an arbitral award and a worldwide Mareva Injunction. A previous order required the Respondents to disclose assets of HK$1,000,000 or more by affidavit from authorized directors, but the 2nd and 3rd Respondents failed to comply by the deadline, submitting only unsigned statements and unsworn affirmations. The court found that their alleged reasons for non-compliance—cooperation with PRC authorities and ill health—were bare assertions unsupported by evidence and rejected them. The court held that given the incomplete and unverifiable nature of the asset disclosures, further disclosure orders were necessary to police the Injunction and enforcement of the Award. The court granted the relief sought and ordered costs against the Respondents, summarily assessing the Applicant’s costs at HK$200,000 with counsel’s fees at HK$90,000. The court also held that the appointment of provisional liquidators of the 2nd Respondent did not affect the application due to lack of recognition or power to control Hong Kong assets. The Applicant’s Summons was accordingly granted with minor drafting modifications and costs ordered to the Applicant.
Legal issues: Compliance with the 1st Disclosure Order · Utility of granting further disclosure relief
Outcome: The order sought in the Summons for further disclosure was granted subject to minor drafting amendments; costs were ordered to be paid by the 2nd and 3rd Respondents to the Applicant.
Cites 1 case