DERRENS APPAREL AND SOURCING LTD AND OTHERS v. POON KIN FAI AND ANOTHER

DERRENS APPAREL AND SOURCING LTD AND OTHERS v. POON KIN FAI AND ANOTHER

The court found plaintiffs had established a serious question to be tried under the American Cyanamid criteria, and because there was no sworn denial that the defendants had instructed the agents, and given the evidence of visits and abusive calls, an interlocutory injunction restraining the defendants and their agents from attending the plaintiffs' workplace was justified; directors may be held personally liable where facts show personal involvement.

Citation
DERRENS APPAREL AND SOURCING LTD AND OTHERS v. POON KIN FAI AND ANOTHER
Parties
1st Plaintiff: DERRENS APPAREL AND SOURCING LIMITED; 2nd Plaintiff: TSE WAI HUNG TERENCE; 3rd Plaintiff: LIU CHUN HA; 1st Defendant: POON KIN FAI; 2nd Defendant: NG SIU YUK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2007
Case Number
HCA1424/2007
Procedural Posture
Civil Injunction / Interim/interlocutory Injunction Return Date (application Restored)
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Harassment and Intimidation, Nuisance, Director Liability for Company Torts, Piercing Corporate Veil, American Cyanamid Test
Source Language
EN
Civil Tort Injunction Company Law Debt Recovery Harassment Interlocutory Injunction Harassment and Intimidation +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DERRENS APPAREL AND SOURCING LIMITED

1st Plaintiff

TSE WAI HUNG TERENCE

2nd Plaintiff

LIU CHUN HA

3rd Plaintiff

POON KIN FAI

1st Defendant

NG SIU YUK

2nd Defendant

Procedural Posture

Civil Injunction / Interim/interlocutory Injunction Return Date (application Restored)

Legal Issues

  1. 1 Whether plaintiffs established a serious issue to be tried under American Cyanamid
  2. 2 Whether the defendants (directors) could be held personally liable for torts allegedly committed to recover a corporate debt
  3. 3 Whether an interlocutory injunction restraining defendants and their agents from attending plaintiffs workplace should be granted

Ratio Decidendi

The court found plaintiffs had established a serious question to be tried under the American Cyanamid criteria, and because there was no sworn denial that the defendants had instructed the agents, and given the evidence of visits and abusive calls, an interlocutory injunction restraining the defendants and their agents from attending the plaintiffs' workplace was justified; directors may be held personally liable where facts show personal involvement.

Court Disposition

Interlocutory injunction granted

Orders

  • Interlocutory injunction restraining the defendants and their agents from attending at or in the vicinity of the workplace of Mr Tse and Miss Liu granted
  • Costs of the plaintiffs including those reserved to be in the cause