RORY ANTHONY CAFFYN-PARSONS AND ANOTHER v. ASIA GRACE LTD AND OTHERS

RORY ANTHONY CAFFYN-PARSONS AND ANOTHER v. ASIA GRACE LTD AND OTHERS

The Judge was satisfied that service of the summons was properly effected and that Garnishee Orders absolute had been obtained and monies paid; accordingly the interlocutory injunctions were discharged as against the 5th, 7th and 11th Defendants and there was to be no order for costs.

Source-derived case information.

Citation
[2022] HKCFI 2041
Parties
1st Plaintiff: Rory Anthony Caffyn-Parsons; 2nd Plaintiff: Elizabeth Jane Mowatt; 1st Defendant: Asia Grace Limited; 2nd Defendant: GBES Asia Limited; 3rd Defendant: Allied Prosper International Limited; 4th Defendant: H. Kiel Limited (trading as Monarch International); 5th Defendant: Lentus Limited; 6th Defendant: HK Traders Limited; 7th Defendant: RSM Worldwide Limited; 8th Defendant: Parvesh Gupta (trading as I-River (HK) International); 9th Defendant: Global Metal Resources Limited; 10th Defendant: Great Mega Holdings Limited; 11th Defendant: Sunshine Grace General Trading Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2022
Case Number
HCA1400/2021
Procedural Posture
Civil Injunction and Related Enforcement Proceedings / Decision on Inter Partes Summons to Discharge Injunctions (chambers)
Outcome
Summons granted: injunctions discharged as against the 5th, 7th and 11th Defendants; no order for costs.
Legal Topics
Discharge of Injunction, Service of Process, Garnishee Orders, Costs
Source Language
en
Civil Procedure Equity and Trusts Enforcement (garnishee) Discharge of Injunction Service of Process Garnishee Orders Costs

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Parties

Rory Anthony Caffyn-Parsons

1st Plaintiff

Elizabeth Jane Mowatt

2nd Plaintiff

Asia Grace Limited

1st Defendant

GBES Asia Limited

2nd Defendant

Allied Prosper International Limited

3rd Defendant

H. Kiel Limited (trading as Monarch International)

4th Defendant

Lentus Limited

5th Defendant

HK Traders Limited

6th Defendant

RSM Worldwide Limited

7th Defendant

Parvesh Gupta (trading as I-River (HK) International)

8th Defendant

Global Metal Resources Limited

9th Defendant

Great Mega Holdings Limited

10th Defendant

Sunshine Grace General Trading Company Limited

11th Defendant

Procedural Posture

Civil Injunction and Related Enforcement Proceedings / Decision on Inter Partes Summons to Discharge Injunctions (chambers)

Legal Issues

  1. 1 Whether the injunctions should be discharged as against the 5th, 7th and 11th Defendants
  2. 2 Whether service of the inter partes summons was properly effected
  3. 3 Whether any order as to costs should be made

Ratio Decidendi

The Judge was satisfied that service of the summons was properly effected and that Garnishee Orders absolute had been obtained and monies paid; accordingly the interlocutory injunctions were discharged as against the 5th, 7th and 11th Defendants and there was to be no order for costs.

Court Disposition

Summons granted: injunctions discharged as against the 5th, 7th and 11th Defendants; no order for costs.

Orders

  • Order in terms of the Summons dated 2 June 2022: the injunction orders are discharged as against the 5th, 7th and 11th Defendants; no order as to costs.