The Hong Kong Court of Appeal has held that delay alone, without detriment or prejudice, can defeat an application for an anti-suit injunction, particularly where the delay was deliberate, unexplained, inordinate and culpable. Ship owners had deliberately delayed more than three months in seeking an anti-suit injunction in Hong Kong against proceedings in mainland China even though they had challenged jurisdiction in those proceedings: Sea Powerful II Special Maritime Enterprises (ENE) v Bank of China Ltd [2016] FICR 29.
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