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Hong Kong Leading Case freezing injunctions marevahk mareva ziegler conditions

Convoy Collateral Ltd v Cho Kwai Chee

(2022) 25 HKCFAR 277
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2022
StatusBinding authority

Summary

CFA restated the three requirements for a Mareva injunction in HK: good arguable case, assets within jurisdiction, and real risk of dissipation.

Key Principle

The CFA restated the principles for Mareva injunctions in Hong Kong: the applicant must show (1) a good arguable case, (2) assets within the jurisdiction, and (3) a real risk of dissipation.

Area of Law

procedure

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Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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