THE NCHK HIGHWAY (CHENGDU MIANYANG) LTD AND ANOTHER v. THE NEW CHINA HONG KONG HIGHWAY LTD AND OTHERS

THE NCHK HIGHWAY (CHENGDU MIANYANG) LTD AND ANOTHER v. THE NEW CHINA HONG KONG HIGHWAY LTD AND OTHERS

The ex parte injunctions were discharged because the petitioners failed to establish real urgency and committed material non-disclosure material to the court's interlocutory assessment; the Duty Judge should not have been approached in circumstances where the Practice Directions required reference to a Companies Judge; the court accepted the respondents' undertaking not to procure payment of directors' emoluments until determination and dismissed the petitioners' summons to continue the ex parte order.

Citation
THE NCHK HIGHWAY (CHENGDU MIANYANG) LTD AND ANOTHER v. THE NEW CHINA HONG KONG HIGHWAY LTD AND OTHERS
Parties
1st Petitioner: THE NCHK HIGHWAY (CHENGDU MIANYANG) LIMITED; 2nd Petitioner: MANHATTAN SICHUAN INVESTMENT LIMITED; 1st Respondent: THE NEW CHINA HONG KONG HIGHWAY LIMITED; 2nd Respondent: BANTAM VENTURES LIMITED; 3rd Respondent: YIU CHI SHING; 4th Respondent: GOH KIAT JOO; 5th Respondent: CHEUNG CHI JOHN; 6th Respondent: SLAMET SANTOSO GONDOKUSUMO; 7th Respondent: GO TWAN SENG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 September 2009
Case Number
HCCW550/2009
Procedural Posture
Companies (winding Up) No. 550 of 2009 (winding Up Petition; Relief Under Ss.168 a and 327(3)(c), Cap.32) / Application to Continue/discharge Ex Parte Injunctions and Interlocutory Hearing
Outcome
Ex parte injunctions granted on 16 September 2009 discharged; petitioners' inter partes summons for continuation dismissed; court accepted respondents' undertaking regarding directors' emoluments; costs to be heard.
Legal Topics
Ex Parte Injunctions, Duty of Disclosure in Ex Parte Applications, Forum and Practice Directions (duty Judge Vs Companies Judge), Directors' Emoluments and Shareholder Disputes, Interim Undertakings
Source Language
EN
Company Law Civil Procedure Equity Injunctions Ex Parte Injunctions Duty of Disclosure in Ex Parte Applications Forum and Practice Directions (duty Judge Vs Companies Judge) Directors' Emoluments and Shareholder Disputes Interim Undertakings

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Parties

THE NCHK HIGHWAY (CHENGDU MIANYANG) LIMITED

1st Petitioner

MANHATTAN SICHUAN INVESTMENT LIMITED

2nd Petitioner

THE NEW CHINA HONG KONG HIGHWAY LIMITED

1st Respondent

BANTAM VENTURES LIMITED

2nd Respondent

YIU CHI SHING

3rd Respondent

GOH KIAT JOO

4th Respondent

CHEUNG CHI JOHN

5th Respondent

SLAMET SANTOSO GONDOKUSUMO

6th Respondent

GO TWAN SENG

7th Respondent

Procedural Posture

Companies (winding Up) No. 550 of 2009 (winding Up Petition; Relief Under Ss.168 a and 327(3)(c), Cap.32) / Application to Continue/discharge Ex Parte Injunctions and Interlocutory Hearing

Legal Issues

  1. 1 Whether the ex parte interlocutory injunctions should be continued or discharged
  2. 2 Whether the petitioners committed material non-disclosure in their ex parte application
  3. 3 Whether the Duty Judge should have heard an urgent companies matter instead of referring to a Companies Judge under Practice Directions

Ratio Decidendi

The ex parte injunctions were discharged because the petitioners failed to establish real urgency and committed material non-disclosure material to the court's interlocutory assessment; the Duty Judge should not have been approached in circumstances where the Practice Directions required reference to a Companies Judge; the court accepted the respondents' undertaking not to procure payment of directors' emoluments until determination and dismissed the petitioners' summons to continue the ex parte order.

Court Disposition

Ex parte injunctions granted on 16 September 2009 discharged; petitioners' inter partes summons for continuation dismissed; court accepted respondents' undertaking regarding directors' emoluments; costs to be heard.

Orders

  • Discharge the ex parte injunctions granted on 16 September 2009
  • Dismiss the petitioners' inter partes summons for continuation of the ex parte order