Read the full judgment text of HCCT 96/2024 & HCCT 97/2024 & HCCT 98/2024 & HCCT 99/2024 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 April 2025 before Mr Recorder William Wong SC.
Construction and arbitration proceeding concerning enforcement of four arbitral awards made by Shanghai Arbitration Commission dated 25 July 2024 against Sun Kwok Ping, Noxin and related parties. Applicant Zhou Hui Ming sought interim receivership orders over assets of respondents to prevent asset dissipation and secure enforcement. The Court considered the adequacy of Mareva injunctions, found respondents’ disclosure inadequate and evidence of asset dissipation through property sales and nominee share transfers. Chabra injunction granted over shares held by third party Zhang as nominee. The setting aside summons to delay enforcement was dismissed with indemnity costs awarded due to tactical abuse of process. Appointment of interim receivers was justified as Mareva injunctions alone were insufficient to protect assets and receivership would not cause greater harm than injunction. The Court ordered continuation of Mareva injunction and appointment of receivers over Sun, Noxin, and Zhang’s assets. Costs of Mareva and receivership summonses ordered to be paid by Sun Parties. The judgment highlights the necessity for transparency and full disclosure in enforcement proceedings and the Court’s vigilance against obstructive tactics threatening judgment creditors’ rights.
Legal issues: Continuation of Mareva Injunction · Granting Chabra Injunction against Zhang · Appointment of Interim Receivers in Support of Mareva Injunction · Costs on Indemnity Basis for Setting Aside Summons
Outcome: The Court continued the Mareva Injunction against the Sun Parties, appointed interim receivers over the assets of Sun, Noxin and Zhang, dismissed the Setting Aside Summons with indemnity costs in favour of Zhou, and ordered costs nisi in favour of Zhou for the Mareva continuation and receivership summonses.
Cites 10 cases