Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

The joinder application was refused because Chen's presence was not necessary to the effectual adjudication of matters in dispute under O 15 r 6(2)(b), his asserted claims would not be tried in the present action, he would in any event be bound as successor in title if his acquisition were valid, the claimed interests are subject to receivership which prevents independent transfers, and the late application would cause prejudice and disruption to an imminent trial; accordingly the discretion to allow joinder was exercised to refuse relief.

Citation
Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Parties
Plaintiffs: Plaintiffs (employee plaintiffs); 1st Defendant: Mr Zhang; 2nd Defendant: 2nd Defendant; Intended Intervener/applicant: Chen Hongqing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2017
Case Number
HCA1766/2014
Procedural Posture
Civil Action Concerning Proprietary/share Interests and Joinder Application / Interlocutory Pre Trial Application to Join as Intervener/additional Defendant (refused)
Outcome
Application dismissed
Legal Topics
Joinder, Intervener, Constructive Trust, Equitable Assignment, Res Judicata, Issue Estoppel, Case Management, Service of Proceedings
Source Language
EN
Civil Procedure Trusts and Equity Company Law Property Receivership Joinder Intervener Constructive Trust +5 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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Plaintiffs (employee plaintiffs)

Plaintiffs

Mr Zhang

1st Defendant

2nd Defendant

2nd Defendant

Chen Hongqing

Intended Intervener/applicant

Procedural Posture

Civil Action Concerning Proprietary/share Interests and Joinder Application / Interlocutory Pre Trial Application to Join as Intervener/additional Defendant (refused)

Legal Issues

  1. 1 Whether the intended intervener/applicant (Chen) should be joined as an intervener or additional defendant shortly before trial
  2. 2 Whether Chen's asserted proprietary rights should be tried in this action
  3. 3 Whether joinder is necessary under Order 15 r 6(2)(b)(i) or (ii) and exercise of judicial discretion

Ratio Decidendi

The joinder application was refused because Chen's presence was not necessary to the effectual adjudication of matters in dispute under O 15 r 6(2)(b), his asserted claims would not be tried in the present action, he would in any event be bound as successor in title if his acquisition were valid, the claimed interests are subject to receivership which prevents independent transfers, and the late application would cause prejudice and disruption to an imminent trial; accordingly the discretion to allow joinder was exercised to refuse relief.

Court Disposition

Application dismissed

Orders

  • Summons of Chen Hongqing to be joined as an intervener or additional defendant dismissed
  • No joinder granted; Chen not permitted to participate in trial as party