Ning & Anor v Dearing & Ors

Ning & Anor v Dearing & Ors

The applications to strike out the petition and for summary judgment were refused because the issues raised required factual determination at trial and the amendments to the petition were properly pleadable. Permission to re-amend the petition was granted as the amendments were not late or defective and overlapped with existing allegations. The application for security for costs was refused as there was insufficient evidence that CIMGC would be unable to pay costs or that extra enforcement costs in the Cayman Islands justified security.

Parties
Petitioner/respondent: Yat Hoi Ning; Petitioner/respondent: China International Mining Group Corporation; Respondent/applicant: Ian Barry Dearing; Respondent/applicant: Olivier Barbeau; Respondent/applicant: Niall Patrick Henry; Respondent/applicant: Scott Morrison; Respondent/applicant: David Murangari; Respondent: ASA Resource Group PLC; Respondent (administrator): Mark Skelton; Respondent (administrator): Trevor Birch
Jurisdiction
England and Wales
Judgment Date
16 April 2018
Procedural Posture
Company/insolvency Petition and Application / Interlocutory Applications: Strike Out, Summary Judgment, Security for Costs, Permission to Amend
Outcome
Applications to strike out and for summary judgment refused; permission to re-amend petition granted; application for security for costs refused; costs awarded as specified.
Legal Topics
Unfair Prejudice (s.994 Companies Act 2006), Director Duties, Administration of Companies, Security for Costs, Amendment of Pleadings, Tort of Conspiracy
Company Law Insolvency Law Civil Procedure Unfair Prejudice (s.994 Companies Act 2006) Director Duties Administration of Companies Security for Costs Amendment of Pleadings +1 more

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Parties

Yat Hoi Ning

Petitioner/respondent

China International Mining Group Corporation

Petitioner/respondent

Ian Barry Dearing

Respondent/applicant

Olivier Barbeau

Respondent/applicant

Niall Patrick Henry

Respondent/applicant

Scott Morrison

Respondent/applicant

David Murangari

Respondent/applicant

ASA Resource Group PLC

Respondent

Mark Skelton

Respondent (administrator)

Trevor Birch

Respondent (administrator)

Procedural Posture

Company/insolvency Petition and Application / Interlocutory Applications: Strike Out, Summary Judgment, Security for Costs, Permission to Amend

Legal Issues

  1. 1 Whether the petition should be struck out or summary judgment granted for respondents
  2. 2 Whether permission to re-amend the petition should be granted
  3. 3 Whether security for costs should be ordered against the petitioners

Ratio Decidendi

The applications to strike out the petition and for summary judgment were refused because the issues raised required factual determination at trial and the amendments to the petition were properly pleadable. Permission to re-amend the petition was granted as the amendments were not late or defective and overlapped with existing allegations. The application for security for costs was refused as there was insufficient evidence that CIMGC would be unable to pay costs or that extra enforcement costs in the Cayman Islands justified security.

Court Disposition

Applications to strike out and for summary judgment refused; permission to re-amend petition granted; application for security for costs refused; costs awarded as specified.

Orders

  • Petitioners granted permission to re-amend the petition.
  • Applications to strike out and for summary judgment dismissed.