Marketmaker Beijing Co Ltd & Ors v CMC Group Plc & Ors [2004] EWHC 2208 (QB) (08 October 2004)

Marketmaker Beijing Co Ltd & Ors v CMC Group Plc & Ors [2004] EWHC 2208 (QB) (08 October 2004)

The claimants failed to establish any arguable legal right or triable issue justifying the grant of the interim injunctions sought. The alleged informal agreements were not concluded. The contracts did not impose obligations on CMC to comply with Chinese law. The relief sought was vague, overbroad, and unsupported by evidence. No basis for interlocutory specific performance or preservation of records was shown. The application was dismissed.

Citation
[2004] EWHC 2208
Parties
Claimant: Marketmaker Beijing Co Limited; Claimant: Obair Group International Corporation; Claimant: Forex Technology Corporation; Claimant: Naser Taher; Defendant: CMC Group Plc; Defendant: CMC Asia Pacific Pty Limited; Defendant: Peter Andrew Cruddas
Jurisdiction
England and Wales
Judgment Date
08 October 2004
Procedural Posture
Interim Application for Injunctions / Post Hearing, Judgment on Interim Relief
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Agency, Breach of Contract, Confidential Information, Foreign Law (chinese Law), Specific Performance
Commercial Law Contract Law Civil Procedure Interim Injunctions Agency Breach of Contract Confidential Information Foreign Law (chinese Law) +1 more

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Parties

Marketmaker Beijing Co Limited

Claimant

Obair Group International Corporation

Claimant

Forex Technology Corporation

Claimant

Naser Taher

Claimant

CMC Group Plc

Defendant

CMC Asia Pacific Pty Limited

Defendant

Peter Andrew Cruddas

Defendant

Procedural Posture

Interim Application for Injunctions / Post Hearing, Judgment on Interim Relief

Legal Issues

  1. 1 Whether the claimants are entitled to interim injunctions restraining the defendants from denying agency or from breaching Chinese law
  2. 2 Whether there is a triable issue as to the existence of alleged informal agreements between the parties
  3. 3 Whether the claimants are entitled to orders for preservation of records and payment of sums alleged to be due

Ratio Decidendi

The claimants failed to establish any arguable legal right or triable issue justifying the grant of the interim injunctions sought. The alleged informal agreements were not concluded. The contracts did not impose obligations on CMC to comply with Chinese law. The relief sought was vague, overbroad, and unsupported by evidence. No basis for interlocutory specific performance or preservation of records was shown. The application was dismissed.

Court Disposition

Application dismissed