Read the full judgment text of HCCT 45/2011 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 March 2012 before Deputy High Court Judge Burrell.
Construction and arbitration proceedings — Mareva injunction granted pending arbitration restraining defendants from dissipating assets of US$33.8 million — Plaintiff’s claim of breach of SPA based on allegedly false financial reports and fraudulent inducement — 1st to 3rd defendants gave undertaking restricting disposal of specified bank accounts — Inter partes summons to continue injunction and determine costs — Defendant’s submission for postponement of costs until after arbitration due to factual and legal complexity — Court held arbitration tribunal likely not to have jurisdiction over costs issue and dismissed determination in arbitration; deferred costs decision until after arbitration to avoid prejudice given complexity — Emphasized deferral does not reflect merits — Proposed management directions for future costs hearing on paper before same judge — Costs order deferred accordingly.
Legal issues: Costs order for inter partes summons for continuation of Mareva injunction
Outcome: Costs resolution deferred until after the conclusion of arbitration.
Cited by 1 case