HWANG JOON SANG AND ANOTHER v. GOLDEN ELECTRONICS INC. AND OTHERS

HWANG JOON SANG AND ANOTHER v. GOLDEN ELECTRONICS INC. AND OTHERS

The plaintiffs established at least a good arguable case that justified continuation of the worldwide Mareva and proprietary injunctions; the alleged non-disclosures were either not material or innocent, and on the totality of circumstances the court would exercise its discretion to continue/re-grant the...

Source-derived case information.

Citation
[2021] HKCFI 2425
Parties
1st Plaintiff: HWANG JOON SANG; 2nd Plaintiff: FUTURE CELL PLUS CO., LTD; 1st Defendant: GOLDEN ELECTRONICS INC.; 2nd Defendant: WORLDBEST GLOBAL SUPPLIER INC.; 3rd Defendant: HARMONY ELECTRONICS INC.; 4th Defendant: QUANTUM ELECTRONICS INC.; 5th Defendant: JIN MIAO INTERNATIONAL LIMITED; 6th Defendant: VIVIEN CHUNG YING-YIN; 7th Defendant: MAGIC ELECTRONICS INC.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 August 2021
Case Number
HCA1529/2019
Procedural Posture
Civil Interlocutory Applications for Mareva/proprietary Injunctions and Disclosure / Discharge Summons (application to Discharge or Vary Interlocutory Injunctions)
Outcome
Discharge Summons dismissed; interlocutory Mareva and proprietary injunctions maintained/re-granted; Hadkinson application allowed.
Legal Topics
Mareva Injunction, Proprietary Injunction, Hadkinson Order, Material Non Disclosure, Good Arguable Case Test, Clean Hands Doctrine, Costs on Summary Assessment
Source Language
en
Equity Injunctions Company Law Trusts and Fiduciary Duties Civil Procedure Disclosure Obligations Mareva Injunction Proprietary Injunction +5 more

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Parties

HWANG JOON SANG

1st Plaintiff

FUTURE CELL PLUS CO., LTD

2nd Plaintiff

GOLDEN ELECTRONICS INC.

1st Defendant

WORLDBEST GLOBAL SUPPLIER INC.

2nd Defendant

HARMONY ELECTRONICS INC.

3rd Defendant

QUANTUM ELECTRONICS INC.

4th Defendant

JIN MIAO INTERNATIONAL LIMITED

5th Defendant

VIVIEN CHUNG YING-YIN

6th Defendant

MAGIC ELECTRONICS INC.

7th Defendant

Procedural Posture

Civil Interlocutory Applications for Mareva/proprietary Injunctions and Disclosure / Discharge Summons (application to Discharge or Vary Interlocutory Injunctions)

Legal Issues

  1. 1 Whether the plaintiffs established a good arguable case to justify continued worldwide Mareva and proprietary injunctions
  2. 2 Whether there was material non-disclosure in the ex parte and interlocutory applications such as to require discharge of the injunctions
  3. 3 Whether the plaintiffs are disentitled by lack of clean hands

Ratio Decidendi

The plaintiffs established at least a good arguable case that justified continuation of the worldwide Mareva and proprietary injunctions; the alleged non-disclosures were either not material or innocent, and on the totality of circumstances the court would exercise its discretion to continue/re-grant the injunctions; consequently the Discharge Summons was dismissed and the injunctions maintained, with costs to the plaintiffs on a nisi basis.

Court Disposition

Discharge Summons dismissed; interlocutory Mareva and proprietary injunctions maintained/re-granted; Hadkinson application allowed.

Orders

  • Discharge Summons dismissed
  • Injunctions as continued by the August 2019 Order and the February 2020 Order are maintained/re-granted against the defendants