Therefore, in commercial litigation, the Mareva Injunction Order can be extremely useful. However, as the Mareva Injunction Order might create substantial impact to the Defendant’s cash flow, it must be used with great caution. The threshold for the Court …
Mareva injunctions in aid of overseas proceedings
In an important recent judgment, the Court of Final Appeal clarified the general principles that underpin the exercise of the courts’ discretion to grant Mareva injunction relief (freezing of assets) in aid of overseas court proceedings, pursuant to Section 21M of the High Court Ordinance (Cap 4). Following the outcome in the final appeal (and the overturning of the lower court judgment), the
@eLaw.com.hk 葉謝鄧律師行: Mareva Injunction (‘Freezing” Assets)
Mareva Injunction (‘Freezing” Assets) If a Plaintiff has reasons to prove to the Court that the Defendant is about to remove valuable property or money out of Hong Kong in order to avoid the Plaintiff’s claim, the Plaintiff can apply to the court to prohibit him from doing so.
clear that a Mareva injunction can be sought in aid of …
clear that a Mareva injunction can be sought in aid of foreign proceedings and arbitrations as an independent, free-standing form of relief, without being ancillary or incidental to substantive proceedings commenced in Hong Kong, followed by relevantO 29. 349.
Mareva relief and third parties
Introduction Injunctive relief to freeze a defendant’s assets (ie, a Mareva injunction) can extend to third parties under the so-called ‘Chabra’ jurisdiction where there is good reason to suppose
HCA 2880/2015, 18/7/17 – Advised and successfully discharged an ex-parte worldwide Mareva injunction order for a restraint sum of HK$ 411 million HCA 1661/2014 and others, 31/1/18 – Advised and successfully discharged the appointment of receivers over a parcel of trust shares in a private company which holds a pivotal stake in a Hong Kong listed company
· PDF 檔案Chen Keen & Ors  HKCFI 2491 – Mareva injunction involving assets exceeding HK$900 million; relevance of criminal restraint order (led by Rachel Lam SC) Chui Mong Shui & Anor v. Wealth Asia Credits Ltd & Anor  HKCFI 2098 – 3-day
Mareva injunction process – FREE Legal Information
Before going to trial, a fraud victim may decide to make an application for a Mareva injunction in order to freeze the fraudster’s assets. This is done in order to prevent fraudsters from dissipating (spending) their assets. The general process to obtain a Mareva injunction includes: Filing the Statement of Claim, Filing the ex parte motion, Appearing in Court on the motion and asking for an
Hong Kong Judiciary
If the injunction is granted, you are required to serve it on the Other Party personally, unless otherwise directed. You may request the Court Bailiff to serve the injunction and any related documents on …
Mareva Injunction: (1) existence of a “good arguable case” or a “strong prima facie case”; (2) real risk of dissipation of assets (with D having assets in HK); (3) balance of convenience; (4) full and frank disclosure; (5) cross-undertaking as to damages (with 3.
· PDF 檔案injunction and Mareva injunction in a misappropriation of goods case Li Ping Chun & anor v Liang Tonghua (HCA 745/2011) Represented the Plaintiffs in a 10-day trial in a trust claim Komal Patel & ors v Chris Au & ors (HCA 183/2014) Represented the Plaintiff in
Mareva Injunction and Anto Piller Orders are very difficult to obtain. Orders will only be given to cases having good proof on relevant points. These orders are normally executed by the Plaintiff’s legal representatives i.e. solicitors who are skilled on carrying out the terms of the orders into effect.
REPUBLIC OF SINGAPORE IN THE SINGAPORE INTERNATIONAL COMMERCIAL COURT OF …
· PDF 檔案for a worldwide Mareva injunction against Qilin up to the total value of HK$31,250,000 (Summons No 170 of 2016). 7 On 13 January 2016, the court fixed the hearing date for the