AIM GLOBAL HOLDINGS LTD AND OTHERS v. CHIEN KUN ALLEN AND ANOTHER

AIM GLOBAL HOLDINGS LTD AND OTHERS v. CHIEN KUN ALLEN AND ANOTHER

The applicant had obtained a judgment to be assessed and there was no unreasonable or culpable delay in commencing the quantum stage; available valuation evidence made it likely the applicant would recover at least the conservative share-value figure; the court has power to include an interest component in an interim payment; weighing these factors, an interim payment of US$1.7 million was just and should be ordered, with costs nisi ordered against AIM and Liu.

Citation
[2025] HKCFI 4981
Parties
1st Plaintiff / 1st Defendant: AIM Global Holdings Limited; 2nd Plaintiff / 2nd Defendant: Lily Liu Durr; 3rd Plaintiff / 3rd Defendant: Shanghai Weicon Optical Co. Ltd.; 1st Defendant / 1st Plaintiff: Chien Kun Allen; 2nd Defendant / 2nd Plaintiff: Rising Dragon Global Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 2025
Case Number
HCA2217/2014
Procedural Posture
Civil (contract, Employment, Commercial Dispute) / Post Judgment Quantum Stage — Application for Interim Payment Under Order 29
Outcome
Summons allowed; interim payment ordered.
Legal Topics
Interim Payment, Assessment of Damages, Pre Judgment Interest, Valuation of Shares, Delay in Prosecution
Source Language
EN
Contract Employment Civil Procedure Commercial Law Equity (remedies) Interim Payment Assessment of Damages Pre Judgment Interest +2 more

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Parties

AIM Global Holdings Limited

1st Plaintiff / 1st Defendant

Lily Liu Durr

2nd Plaintiff / 2nd Defendant

Shanghai Weicon Optical Co. Ltd.

3rd Plaintiff / 3rd Defendant

Chien Kun Allen

1st Defendant / 1st Plaintiff

Rising Dragon Global Limited

2nd Defendant / 2nd Plaintiff

Procedural Posture

Civil (contract, Employment, Commercial Dispute) / Post Judgment Quantum Stage — Application for Interim Payment Under Order 29

Legal Issues

  1. 1 Whether interim payment may be ordered under Order 29 r.11(1)(b) where judgment has been obtained for damages to be assessed
  2. 2 Whether the applicant's delay in prosecuting the quantum stage precludes an interim payment
  3. 3 What quantum is just for an interim payment including valuation of the subject shares and inclusion of interest

Ratio Decidendi

The applicant had obtained a judgment to be assessed and there was no unreasonable or culpable delay in commencing the quantum stage; available valuation evidence made it likely the applicant would recover at least the conservative share-value figure; the court has power to include an interest component in an interim payment; weighing these factors, an interim payment of US$1.7 million was just and should be ordered, with costs nisi ordered against AIM and Liu.

Court Disposition

Summons allowed; interim payment ordered.

Orders

  • AIM Global Holdings Limited and Lily Liu Durr to pay Chien Kun Allen US$1,700,000 by way of interim payment within 28 days from the date of the Order; payment may be made in US Dollars or in Hong Kong Dollars using exchange rate as of date of payment
  • Costs order nisi: AIM and Lily Liu to pay Chien's costs of and occasioned by the Summons, to be summarily assessed on the papers, absolute within 7 days