Read the full judgment text of HCCT 23/2005 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 May 2005 before Hon Reyes J in Chambers.
Arbitration – Interim injunction under AO s.2GC – Mareva injunction test applied – Hsin Chong Construction claimed unpaid sums from Henble Limited under construction contract arbitration – Henble sold its sole significant asset; plaintiff sought to freeze assets pending arbitration outcome – Court held plaintiff had arguable case but no evidence of improper dissipation or risk to enforcement – transfers within group as working capital permissible – no security interest gave plaintiff no right to require retention of funds – refusal of injunction and discovery application – dismissal with costs reserved.
Legal issues: Interim injunction under AO s.2GC
Outcome: Hsin Chong’s application for interim injunction and discovery dismissed
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