Wenda Co Ltd v Jinhong & Ors [2025] EWHC 2648 (Comm) (21 October 2025)

Wenda Co Ltd v Jinhong & Ors [2025] EWHC 2648 (Comm) (21 October 2025)

There was a material change in circumstances due to the claimant's amendment of its case regarding the identity of the seller, which justified allowing the defendants to pursue the discharge application. However, despite the change, there remains a serious issue to be tried as to whether the defendants are obliged to account to the claimant as trustees or otherwise, so the proprietary and freezing injunctions should not be set aside at this stage. Any failures of full and frank disclosure by the claimant were not material or causative of injustice and do not justify setting aside the injunctions.

Citation
[2025] EWHC 2648 (Comm)
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
21 October 2025
Procedural Posture
Commercial Court Claim (injunction/discharge Application) / Interlocutory Judgment on Applications to Discharge and Continue Proprietary and Freezing Injunctions
Outcome
Defendants' application to discharge the injunctions dismissed; claimant's application for continuation of the injunctions granted until trial.
Legal Topics
Proprietary Injunctions, Freezing Injunctions, Abuse of Process, Full and Frank Disclosure, Trusts and Fiduciary Duties, Agency, Material Change of Circumstances
Commercial Law Equity and Trusts Civil Procedure Proprietary Injunctions Freezing Injunctions Abuse of Process Full and Frank Disclosure Trusts and Fiduciary Duties +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

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 Court Claim (injunction/discharge Application) / Interlocutory Judgment on Applications to Discharge and Continue Proprietary and Freezing Injunctions

Legal Issues

  1. 1 Whether the defendants' application to discharge the injunctions is an abuse of process
  2. 2 Whether there has been a material change of circumstances justifying discharge
  3. 3 Whether there remains a seriously arguable claim to support the injunctions

Ratio Decidendi

There was a material change in circumstances due to the claimant's amendment of its case regarding the identity of the seller, which justified allowing the defendants to pursue the discharge application. However, despite the change, there remains a serious issue to be tried as to whether the defendants are obliged to account to the claimant as trustees or otherwise, so the proprietary and freezing injunctions should not be set aside at this stage. Any failures of full and frank disclosure by the claimant were not material or causative of injustice and do not justify setting aside the injunctions.

Court Disposition

Defendants' application to discharge the injunctions dismissed; claimant's application for continuation of the injunctions granted until trial.

Orders

  • Proprietary and freezing injunctions to remain in effect until trial.
  • Permission granted for claimant to rely on expert report from Ms Zhong.