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 was not a necessary party under O.15 r.6(2)(b) — his asserted claims post‑date and materially differ from the issues to be tried, his interests are effectively aligned with existing plaintiff groups so joinder would duplicate representation, the application was unduly late and would cause prejudice and disruption shortly before trial, and receivership and res judicata principles mean he can be bound or obtain remedies post‑trial; therefore the discretionary power to join was not exercised in his favour.

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; 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
HCA1564/2015
Procedural Posture
Intervener/joinder Application in Pending Civil Trial / Interlocutory — Pre Trial Hearing and Decision (application Refused)
Outcome
Application dismissed
Legal Topics
Joinder/intervention, Interlocutory Relief, Res Judicata and Issue Estoppel, Equitable Assignment, Constructive Trust, Case Management and Prejudice
Source Language
EN
Civil Procedure Trusts and Equitable Interests Company Law Receivership Property Joinder/intervention Interlocutory Relief Res Judicata and Issue Estoppel +3 more

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Parties

Plaintiffs

Plaintiffs

Mr Zhang

1st Defendant

2nd Defendant

2nd Defendant

Chen Hongqing

Intended Intervener / Applicant

Procedural Posture

Intervener/joinder Application in Pending Civil Trial / Interlocutory — Pre Trial Hearing and Decision (application Refused)

Legal Issues

  1. 1 Whether applicant (Chen) should be joined as intervener or additional defendant under O.15 r.6(2)(b)
  2. 2 Whether Chen’s asserted proprietary rights should be determined in the pending trial
  3. 3 Whether joinder would cause prejudice, delay or duplication of representation so close to trial

Ratio Decidendi

The joinder application was refused because Chen was not a necessary party under O.15 r.6(2)(b) — his asserted claims post‑date and materially differ from the issues to be tried, his interests are effectively aligned with existing plaintiff groups so joinder would duplicate representation, the application was unduly late and would cause prejudice and disruption shortly before trial, and receivership and res judicata principles mean he can be bound or obtain remedies post‑trial; therefore the discretionary power to join was not exercised in his favour.

Court Disposition

Application dismissed

Orders

  • Application by Chen to be joined as intervener or additional defendant is dismissed