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

The 1st Defendant 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), and there was no basis to exercise inherent jurisdiction; service on the 1st Defendant was not required because his legal rights were not impinged; accordingly intervention was refused and the Intervention Summonses dismissed.

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 (尼克松、鄭黃林律師行)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2016
Case Number
HCA1564/2015
Procedural Posture
Civil Consolidated Actions for Recovery of Shares and Interlocutory Applications / Interlocutory – Hearing on Intervention Summonses (joinder/intervention) and Directions
Outcome
Intervention Summonses by the 1st Defendant dismissed
Legal Topics
Intervention/joinder Under Order 15 Rule 6 RHC, Service of Summons (order 32 R3), Privilege Waiver and Confidentiality, Authority to Act/change of Solicitors, Breach of Trust and Receivership, Natural Justice and Right to Be Heard
Source Language
EN
Civil Procedure Trusts and Equity Company Law Professional Conduct of Solicitors Receivership Intervention/joinder Under Order 15 Rule 6 RHC Service of Summons (order 32 R3) Privilege Waiver and Confidentiality +3 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 (尼克松、鄭黃林律師行)

Interested Party

Procedural Posture

Civil Consolidated Actions for Recovery of Shares and Interlocutory Applications / Interlocutory – Hearing on Intervention Summonses (joinder/intervention) and Directions

Legal Issues

  1. 1 Whether the Striking Out Summonses needed to be served on the 1st Defendant
  2. 2 Whether the 1st Defendant has a legal interest entitling him to intervene under Order 15 r 6(2)(b)(i)
  3. 3 Whether the 1st Defendant falls within Order 15 r 6(2)(b)(ii) (a question between him and a party arising out of the relief sought)

Ratio Decidendi

The 1st Defendant 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), and there was no basis to exercise inherent jurisdiction; service on the 1st Defendant was not required because his legal rights were not impinged; accordingly intervention was refused and the Intervention Summonses dismissed.

Court Disposition

Intervention Summonses by the 1st Defendant dismissed

Orders

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