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Law of Injunctions in Hong Kong, 3rd Edition

Law of Injunctions in Hong Kong, 3rd Edition

  • Author:
  • Publisher: LexisNexis Hong Kong
  • ISBN: 9789888600960
  • Published In: December 2019
  • Format: Hardback , 720 pages
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
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  • Details

    In-depth coverage and definitive guidance on the Law of Injunctions in Hong Kong

     

    Law of Injunctions in Hong Kong provides in-depth coverage and definitive guidance on the subject of both interlocutory and final injunctions. It explains how and when to obtain, how to defend against injunction orders and any other ancillary options available. It includes precedents and forms, relevant rules and practice directions and selected statutory material.

     

    What's new in this edition
    This new edition provides a comprehensive update to the case law and legislative changes in this area of law. In particular there is an emphasis on; Interlocutory injunctions, namely cases in light of:

    • Increasing interest of Mainland-related parties to litigate in Hong Kong Courts (developments arising from Re China Shanshui Investment Ltd, 2016);
    • Diversification of the type of injunctions, notably an increase in interlocutory proprietary injunctions
    • (Tiger Resort Asia Ltd v Kazuo Okada & others, 2019); and
    • Courts’ consideration of ancillary orders against third parties (often banks) as a result of fraud cases or proprietary injunctions (Seridom Servicios Integrados Idom SAU v Hen Wen Trade Co Ltd, 2019);
    • Perpetual or final injunctions continue to be topical as disputes over property-related cases continue to appear; these cases often involve:
      • New Territories land (i.e. right of way and encroachment); and
      • Multi-storey building management (i.e. drainage rights, unauthorized works, delivery of chattels or documents).
  • 1. History and Modern Law of Injunctions 
    2. Interlocutory Injunctions
    3. Perpetual Injunctions
    4. Mareva Injunctions
    5. Anton Piller Orders
    6. Injunctions Relating to Companies
    7. Quia Timet Injunctions
    8. Foreign-Related Injunctions and Anti-suit Injunctions
    9. Injunctions Affecting Letters of Credit, Performance Bonds and Bank Guarantees Payable on Demand or Their Proceeds
    10. Injunctions to Protect Privileged Information
    11. Injunctions Relating to Intellectual Property
    12. Third Parties
    13. Receivers
    14. Contempt of Court
    15. Ancillary Orders
    16. Post Judgment Injunctions
    17. Discharge, Variation and Second Applications
    18. Appeal
    19. Costs

    Appendix
    Forms & Practice Directions
  • Andrew Mak

    Andrew practises mainly in commercial and property litigation. He has appeared regularly in trials and appeals in the High Court. Before 1997 he was led to appear in the Privy Council case of Silver Mountain Investments Ltd v Attorney General of Hong Kong [1994] 1 WLR 925. He is also active in international commercial arbitration and mediation both in Hong Kong and in Mainland PRC. He has sat as Chief Arbitrator in the Shenzhen Court of International Arbitration. He is a member of panels of arbitrators, including the Hong Kong International Arbitration Centre (HKIAC), Shenzhen (SAIC), Panel of Arbitrators of SCIA Financial Arbitration Centre, Shanghai (SHIAC), Jinan Arbitration Commission, Tianjin Arbitration Commission, Nanjing Arbitration Commission and Malaysia (KLRCA). He is also a Chinese legal consultant of the PRC in Shanghai. His legal opinion has been accepted by the PRC courts. He gives lectures at the Peking University, the East China University of Politics and Law (formerly the St John University), and the Shanghai University of Finance and Economics. He has written on a number of professional works including injunctions, disciplinary & regulatory proceedings, and also administrative law. These include “Law of Injunction in Hong Kong” 2nd Ed, (2018), Conveyancing Litigation in Hong Kong (2017), Disciplinary & Regulatory Proceedings in Hong Kong, 2nd Ed, (2015), and as contributor to Halsbury‘s Laws of Hong Kong Vol 1 Administrative Law, 2nd Ed (2014), Atkin's Court Forms Hong Kong (looseleaf) Administrative Law, Administrative Appeals Board Ordinance (Annotated), Emden’s Construction Law in Hong Kong Chapter 10, Butterworths Hong Kong Building Law Handbook 4th Ed.

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