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 any legal interest directly related to the subject matter of the Striking Out Summonses under either limb of Order 15 r 6(2)(b); his asserted reputational interest and allegations of bullying did not suffice to show he was an affected party whose rights would be impinged; service on D1 was not required; the court declines to exercise inherent jurisdiction. Intervention Summonses dismissed and costs awarded to plaintiffs.

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 on trust (see Schedule 1 to Writ); 2nd Group Plaintiff: Relevant employees whose shares in China Shanshui Investment Company Limited held by LI YANMIN on trust (see 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 CWL Partners)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2016
Case Number
HCA1661/2014
Procedural Posture
Civil Action Trust/proprietary Claims for Return of Shares and Related Interlocutory Matters / Interlocutory Decision on Intervention Summons (hearing in Chambers)
Outcome
Intervention Summonses by 1st Defendant dismissed; costs ordered against 1st Defendant to Plaintiffs; order nisi to be made final after 21 days; directions hearing to be fixed before G Lam J
Legal Topics
Intervention/joinder Under Order 15 R 6, Service of Summons (order 32 R 3), Withdrawal/change of Solicitors, Breach of Trust, Receivership, Legal Professional Privilege, Protection of Reputation
Source Language
EN
Trusts Civil Procedure Company Law Equity Receivership Professional Conduct (solicitors) Intervention/joinder Under Order 15 R 6 Service of Summons (order 32 R 3) +4 more

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Parties

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

1st Group Plaintiff

Relevant employees whose shares in China Shanshui Investment Company Limited held by LI YANMIN on trust (see 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 CWL Partners)

Interested Party

Procedural Posture

Civil Action Trust/proprietary Claims for Return of Shares and Related Interlocutory Matters / Interlocutory Decision on Intervention Summons (hearing in Chambers)

Legal Issues

  1. 1 Whether 1st Defendant (D1) should be permitted to intervene under Order 15 r 6(2)(b)(i) (presence necessary to effectually determine matters)
  2. 2 Whether D1 should be permitted to intervene under Order 15 r 6(2)(b)(ii) (issue between him and a party relating to relief sought)
  3. 3 Whether the Striking Out Summonses required service on D1 under Order 32 r 3

Ratio Decidendi

D1 failed to demonstrate any legal interest directly related to the subject matter of the Striking Out Summonses under either limb of Order 15 r 6(2)(b); his asserted reputational interest and allegations of bullying did not suffice to show he was an affected party whose rights would be impinged; service on D1 was not required; the court declines to exercise inherent jurisdiction. Intervention Summonses dismissed and costs awarded to plaintiffs.

Court Disposition

Intervention Summonses by 1st Defendant dismissed; costs ordered against 1st Defendant to Plaintiffs; order nisi to be made final after 21 days; directions hearing to be fixed before G Lam J

Orders

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