Arbitral Digest

Matter

DAC China SOS (Barbados) SRL v Pacific Harbor Advisors Pte Ltd (High Court of Hong Kong HCCT 52/2019)

  1. 16 October 2019Hong Kong

    16 October 2019Hong Kong

    Interlocutory injunction order dated 16 October 2019

    High Court of the Hong Kong Special Administrative Region

    Case no.
    HCCT 52/2019
    Decision summary
    The court granted an interlocutory injunction in aid of the arbitration, comprising a proprietary injunction over sale proceeds from the Shenyang Hotel Project up to US $44,320,968.57, a Mareva injunction against the defendant's general assets to the extent of any shortfall, and ancillary disclosure orders.

    Supporting details

    3 participants
    DAC China SOS (Barbados) SRL
    Pacific Harbor Advisors Pte Ltd
    High Court of the Hong Kong Special Administrative Region

    4 months and 17 days later · 140 days

  2. 4 March 2020Hong Kong

    4 March 2020Hong Kong

    Reasons for Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in HCCT 52/2019 dated 4 March 2020

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

    Case no.
    HCCT 52/2019
    Citation
    [2020] HKCFI 365
    Decision summary
    The court continued the proprietary injunction over sale proceeds from the Shenyang Hotel Project up to US $44,320,968.57, continued the Mareva injunction against the defendant's general assets to the extent of any shortfall, and continued the ancillary disclosure orders. It granted the defendant seven days to comply with the disclosure order and ordered the defendant to pay the costs of both applications to the plaintiff, with a Certificate for 2 Counsel.

    Supporting details

    5 authorities · 7 participants
    Application
    Application to continue the proprietary injunction — Granted
    Application
    Application for time to comply with the disclosure order — Seven-day extension granted
    DAC China SOS (Barbados) SRL
    Representative
    Rimsky Yuen SC (For: DAC China SOS (Barbados) SRL)
    Representative
    Esther Mak (For: DAC China SOS (Barbados) SRL)
    Pacific Harbor Advisors Pte Ltd
    Representative
    Jason Pow SC (For: Pacific Harbor Advisors Pte Ltd)
    Representative
    Christopher Chain (For: Pacific Harbor Advisors Pte Ltd)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    5
    • Hong Kong Arbitration Ordinance (Arbitration Ordinance (Cap 609))
      statute
    • Hong Kong Rules of the High Court (Rules of the High Court (Cap 4A))
      statute
    • Master Universe Development Ltd v Mass Ocean International Ltd (HCA 1295/2015, 12 September 2016)
      case-law
    • Ng Luk Mui v Shui Tsun Wai ([2011] 5 HKLRD 707)
      case-law
    • Chitty on Contracts, 33rd edition, paragraph 27.052
      academic

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DAC China SOS (Barbados) SRL v Pacific Harbor Advisors Pte Ltd (High Court of Hong Kong HCCT 52/2019) · Matter