INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

Court declined to order costs against the plaintiffs for delayed payment into court because solicitors' conduct was not wrongful; refused to increase the Hong Kong asset embargo from $20m to $87.5m as academic given no further assets in Hong Kong; extended the anti-suit injunction to restrain the parts of the Malaysian Originating Summons seeking the same declaration on the Management Agreement as this action; dismissed the strike out application because the plaintiffs' defence attacking the Management Agreement was at least fairly arguable and relevant to causation and therefore should be determined at the damages assessment; ordered procedural directions including a seven-day assessment...

Citation
INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS
Parties
1st Plaintiff: Indian Corridor Sdn Bhd; 2nd Plaintiff: Pembangunan Qualicare Sdn Bhd; 1st Defendant: China Idea Development Limited; 2nd Defendant: Yanfull Investments Limited; 3rd Defendant: Golden Plus Holdings Bhd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2008
Case Number
HCA1/2008
Procedural Posture
Civil Enquiry as to Damages Following Discontinuance of Mareva Injunction / Interlocutory (directions and Rulings Prior to Damages Assessment)
Outcome
Mixed: defendants partially successful on anti-suit extension and interlocutory protections; unsuccessful on costs and increase of asset embargo; strike out application dismissed.
Legal Topics
Mareva Injunction, Anti Suit Injunction, Discontinuance, Assessment of Damages, Strike Out Application, Stay of Foreign Proceedings, Costs
Source Language
EN
Civil Procedure Injunctions Conflict of Laws Commercial Litigation Damages Mareva Injunction Anti Suit Injunction Discontinuance +4 more

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Parties

Indian Corridor Sdn Bhd

1st Plaintiff

Pembangunan Qualicare Sdn Bhd

2nd Plaintiff

China Idea Development Limited

1st Defendant

Yanfull Investments Limited

2nd Defendant

Golden Plus Holdings Bhd

3rd Defendant

Procedural Posture

Civil Enquiry as to Damages Following Discontinuance of Mareva Injunction / Interlocutory (directions and Rulings Prior to Damages Assessment)

Legal Issues

  1. 1 Whether costs should be awarded against plaintiffs/solicitors for delay in paying funds into court
  2. 2 Whether the asset embargo should be increased from $20,000,000 to $87,500,000
  3. 3 Whether the anti-suit injunction should be extended to restrain parts of the Malaysian Originating Summons by Pan Stone

Ratio Decidendi

Court declined to order costs against the plaintiffs for delayed payment into court because solicitors' conduct was not wrongful; refused to increase the Hong Kong asset embargo from $20m to $87.5m as academic given no further assets in Hong Kong; extended the anti-suit injunction to restrain the parts of the Malaysian Originating Summons seeking the same declaration on the Management Agreement as this action; dismissed the strike out application because the plaintiffs' defence attacking the Management Agreement was at least fairly arguable and relevant to causation and therefore should be determined at the damages assessment; ordered procedural directions including a seven-day assessment...

Court Disposition

Mixed: defendants partially successful on anti-suit extension and interlocutory protections; unsuccessful on costs and increase of asset embargo; strike out application dismissed.