Arbitral Digest

Matter

C v D1 and D2 (Hong Kong High Court HCCT 3/2021; [2021] HKCFI 228)

  1. 12 January 2021Hong Kong

    12 January 2021Hong Kong

    Ex parte proprietary injunction in HCCT 3/2021 dated 12 January 2021

    Court of First Instance of the High Court of Hong Kong

    Case no.
    HCCT 3/2021
    Decision summary
    Lisa Wong J granted an ex parte proprietary injunction restraining C's defendants, D1 and D2, from dealing with shares of entities operating or holding the relevant business and assets.

    Supporting details

    4 participants
    C
    D1
    D2
    Court of First Instance of the High Court of Hong Kong

    14 days later · 14 days

  2. 26 January 2021Hong Kong

    26 January 2021Hong Kong

    Reasons for Decision of the Court of First Instance of the High Court of the Hong Kong Special Administrative Region in the case HCCT 3/2021 dated 26 January 2021

    Court of First Instance of the High Court of the Hong Kong Special Administrative Region

    Case no.
    HCCT 3/2021
    Citation
    [2021] HKCFI 228
    Decision summary
    The Court declined to continue the proprietary injunction sought by C against D1 and D2 because C had not demonstrated a proprietary interest in the relevant entities and had no basis for proceeding ex parte. The ancillary disclosure order therefore fell away, although D1 and D2 received a retrospective extension of time to comply with it until determination of C's summons. C was ordered to pay D1 and D2's costs on a party-and-party basis, assessed by gross sum assessment.

    Supporting details

    7 authorities · 10 participants
    C
    Representative
    Douglas Lam SC (For: C)
    Representative
    Tinny Chan (For: C)
    Representative
    Sakinah Sat (For: C)
    Representative
    Morgan, Lewis & Bockius (For: C)
    D1
    Representative
    Elizabeth Cheung (For: D1 · D2)
    Representative
    Herbert Smith Freehills (For: D1 · D2)
    D2
    Representative
    Elizabeth Cheung (For: D1 · D2)
    Representative
    Herbert Smith Freehills (For: D1 · D2)
    Court of First Instance of the High Court of the Hong Kong Special Administrative Region

    Authorities cited

    7
    • High Court Ordinance (Cap 4)
      statute
    • Arbitration Ordinance (Cap 609)
      statute
    • Xiamen Xinjingdi Group Ltd v Eton Properties Ltd ([2008] 4 HKLRD 972)
      case law
    • Xiamen Xinjingdi Group Ltd v Eton Properties Ltd ([2009] 4 HKLRD 353)
      case law
    • Zhang Yan v ASA Bullion Ltd ([2019] HKCFI 179)
      case law
    • Slik Hong Kong v Gerald Evans (HCA 1424/2005)
      case law
    • Global Communications Inc v Chinacomm Ltd (HCA 1978/2011)
      case law

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C v D1 and D2 (Hong Kong High Court HCCT 3/2021; [2021] HKCFI 228) · Matter