張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

D1 failed to demonstrate a legal interest directly related to the subject matter of the striking out summonses under either limb of Order 15 r.6(2)(b); the summonses concern solicitor-client representation and do not impinge D1's legal rights such that joinder or intervention is justified; inherent jurisdiction is not engaged; intervention would overburden and complicate the interlocutory application and is denied.

Citation
張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER
Parties
1st Group Plaintiff: Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI (refer to Schedule 1 to Writ); 2nd Group Plaintiff: Relevant employees whose shares in China Shanshui Investment Company Limited held by LI YANMIN (refer to Schedule 2 to Writ); 1st Defendant: ZHANG CAIKUI (張才奎); 2nd Defendant: LI YANMIN (李延民); Interested Party: Messrs Nixon Peabody CWL (Previously known as Messrs CWL Partners)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2016
Case Number
HCA1766/2014
Procedural Posture
Civil: Trust and Proprietary Claim for Return of Shares; Interlocutory Applications Consolidated / Interlocutory: Application to Intervene in Striking Out Summonses Dismissed; Directions Hearing to Be Fixed Before Docket Judge
Outcome
Intervention Summonses dismissed; costs ordered against 1st Defendant; directions hearing to be fixed before G Lam J
Legal Topics
Intervention/joinder Under Order 15 R.6, Service of Process (order 32 R.3), Withdrawal/change of Solicitors, Receivership, Breach of Trust, Waiver and Privilege
Source Language
EN
Civil Procedure Trusts Company Law Equity Professional Conduct Intervention/joinder Under Order 15 R.6 Service of Process (order 32 R.3) Withdrawal/change of Solicitors +3 more

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Parties

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI (refer to Schedule 1 to Writ)

1st Group Plaintiff

Relevant employees whose shares in China Shanshui Investment Company Limited held by LI YANMIN (refer to Schedule 2 to Writ)

2nd Group Plaintiff

ZHANG CAIKUI (張才奎)

1st Defendant

LI YANMIN (李延民)

2nd Defendant

Messrs Nixon Peabody CWL (Previously known as Messrs CWL Partners)

Interested Party

Procedural Posture

Civil: Trust and Proprietary Claim for Return of Shares; Interlocutory Applications Consolidated / Interlocutory: Application to Intervene in Striking Out Summonses Dismissed; Directions Hearing to Be Fixed Before Docket Judge

Legal Issues

  1. 1 Whether the 1st defendant (D1) should be permitted to intervene under Order 15 r.6(2)(b)
  2. 2 Whether the striking out summonses needed to be served on D1 (Order 32 r.3)
  3. 3 Whether D1 has a legal interest directly related to the subject matter of the striking out summonses

Ratio Decidendi

D1 failed to demonstrate a legal interest directly related to the subject matter of the striking out summonses under either limb of Order 15 r.6(2)(b); the summonses concern solicitor-client representation and do not impinge D1's legal rights such that joinder or intervention is justified; inherent jurisdiction is not engaged; intervention would overburden and complicate the interlocutory application and is denied.

Court Disposition

Intervention Summonses dismissed; costs ordered against 1st Defendant; directions hearing to be fixed before G Lam J

Orders

  • Intervention Summonses dismissed
  • Costs to be paid by the 1st Defendant to the Plaintiffs forthwith, certificate for 2 counsel, to be taxed if not agreed