XCHRX ROADRUNNER APPAREL INCORPORATION v. MAJONE GARMENT FACTORY LTD.

HCMP 5094/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS

ACTION NO. MP 5094 OF 1999

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D E C I S I O N

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1. This is an ex parte urgent application for a mareva injunction against the Defendant. I have looked at the papers which have been put before me. I do not see any or any sufficient evidence that the Defendant intends to dissipate its assets whether in the form of quotas or proceeds of sale from those quotas. Mr Bok has frankly admitted that there is no or no clear evidence of such an intention though he says it would be difficult to find such evidence. But if that is the case, the Plaintiff should not come running to court for such a draconian remedy against a party.

2. Accordingly, the application is dismissed.