Wenda Co Limited v Wang Jinhong & Ors
There was a material change in circumstances due to amendment of the claim and discovery of double invoicing, justifying the Defendants' discharge application. However, there remains a seriously arguable claim for proprietary and freezing injunctions. The Claimant failed to comply with the duty of full and frank disclosure, but the failure was not deliberate. The interests of justice require the injunctions to continue until trial, with a costs sanction imposed on the Claimant.
- Parties
- Claimant: Wenda Co Limited; First Defendant: Wang Jinhong; Second Defendant: Syner Ltd; Third Defendant: Effs Global Investment Co Ltd; Fourth Defendant: Roland Frederick Petit
- Jurisdiction
- England and Wales
- Judgment Date
- 28 October 2025
- Procedural Posture
- Commercial Claim / Interlocutory Application for Discharge and Continuation of Proprietary and Freezing Injunctions
- Outcome
- Discharge application not granted; injunctions to continue until trial; costs order imposed for non-disclosure.
- Legal Topics
- Freezing Injunctions, Proprietary Injunctions, Full and Frank Disclosure, Abuse of Process, Fiduciary Duties, Trusts, Agency, Material Non Disclosure, Sanctions for Non Disclosure
Case Brief
Summary, issues, holding and outcome
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Parties
Wenda Co Limited
Claimant
Wang Jinhong
First Defendant
Syner Ltd
Second Defendant
Effs Global Investment Co Ltd
Third Defendant
Roland Frederick Petit
Fourth Defendant
Procedural Posture
Commercial Claim / Interlocutory Application for Discharge and Continuation of Proprietary and Freezing Injunctions
Legal Issues
- 1 Whether the discharge application is an abuse of process
- 2 Whether there is good cause/material change of circumstances to allow discharge application
- 3 Whether there remains a seriously arguable claim to support injunctions
Ratio Decidendi
There was a material change in circumstances due to amendment of the claim and discovery of double invoicing, justifying the Defendants' discharge application. However, there remains a seriously arguable claim for proprietary and freezing injunctions. The Claimant failed to comply with the duty of full and frank disclosure, but the failure was not deliberate. The interests of justice require the injunctions to continue until trial, with a costs sanction imposed on the Claimant.
Court Disposition
Discharge application not granted; injunctions to continue until trial; costs order imposed for non-disclosure.
Orders
- Proprietary and freezing injunctions to continue until trial or further order.
- Claimant to pay Defendants' costs of discharge and continuation applications on indemnity basis.
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