Roadrunner Apparel Incorporation v. Majone Garment Factory Ltd.

Read the full judgment text of HCMP 5094/1999 on BabelCite. This High Court CFI judgment was delivered on 14 December 1999.

1. This is an ex parte urgent application for a mareva injunction against the Defendant. I have looked at the papers which have been put before me. I do not see any or any sufficient evidence that the Defendant intends to dissipate its assets whether in the form of quotas or proceeds of sale from those quotas. Mr Bok has frankly admitted that there is no or no clear evidence of such an intention though he says it would be difficult to find such evidence. But if that is the case, the Plaintiff sh

Case No.HCMP 5094/1999
Court
High Court CFI
Date14 Dec 1999
Judge
Case Document
100%Judiciary

HCMP005094/1999

HCMP 5094/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS

ACTION NO. MP 5094 OF 1999

____________________

IN THE MATTER of Foreign Judgments (Reciprocal Enforcement) Ordinance Cap. 319

and

IN THE MATTER of a judgment of the Superior Court in the District of Montreal, Province of Quebec, Canada and dated the 23 day of January 1998

BETWEEN
ROADRUNNER APPAREL INCORPORATION Plaintiff
AND
MAJONE GARMENT FACTORY LIMITED Defendant

____________________

Coram: Hon Yuen J in Chambers

Date of hearing: 14 December 1999

Date of Decision: 14 December 1999

_____________

D E C I S I O N

_____________

1. This is an ex parte urgent application for a mareva injunction against the Defendant. I have looked at the papers which have been put before me. I do not see any or any sufficient evidence that the Defendant intends to dissipate its assets whether in the form of quotas or proceeds of sale from those quotas. Mr Bok has frankly admitted that there is no or no clear evidence of such an intention though he says it would be difficult to find such evidence. But if that is the case, the Plaintiff should not come running to court for such a draconian remedy against a party.

2. Accordingly, the application is dismissed.

(MARIA YUEN)
Judge of the Court of First Instance
of the High Court

Representation:

Mr Bok Tin Yuen, instructed by Messrs Anthony Au & Co., for Plaintiff