CHIEN KUN ALLEN v. AIM GLOBAL HOLDINGS LTD

CHIEN KUN ALLEN v. AIM GLOBAL HOLDINGS LTD

The court found the threshold in Order 29 r11(1)(b) met (there was a judgment to be assessed), concluded that the claimant's delay in commencing the quantum stage was not unreasonable or culpable, accepted on the evidence it was likely the claimant would recover at least US$1,317,775, and held the court had jurisdiction to include a pre-judgment interest component; exercising its discretion the court ordered an interim payment of US$1.7 million against AIM and Ms Liu to mitigate prejudice from delay in final quantum assessment.

Citation
[2025] HKCFI 4981
Parties
1st Plaintiff (original Action); 1st Defendant (counterclaim): AIM Global Holdings Limited; 2nd Plaintiff (original Action); 2nd Defendant (counterclaim): Lily Liu Durr; 3rd Plaintiff (original Action); 3rd Defendant (counterclaim): Shanghai Weicon Optical Co. Ltd.; 1st Defendant (original Action); 1st Plaintiff (counterclaim); Plaintiff (hca 2495/2014): Chien Kun Allen; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): Rising Dragon Global Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 2025
Case Number
HCA2495/2014
Procedural Posture
Consolidated Civil Actions Involving Contractual Disputes, Breach of Share Award and Employment Agreements, and Assessment of Damages / Post Judgment Quantum Assessment Stage; Application for Interim Payment Under Order 29
Outcome
Summons allowed. Interim payment of US$1.7 million ordered against AIM Global Holdings Limited and Lily Liu Durr; costs order nisi (absolute within 7 days) in favour of claimant.
Legal Topics
Order 29 Interim Payment, Pre Judgment Interest, Valuation of Shares, Delay in Prosecution, Split Trial, Quantum Assessment, Expert Evidence
Source Language
EN
Civil Procedure Contract Law Damages Equity/valuation Legal Costs Order 29 Interim Payment Pre Judgment Interest Valuation of Shares +4 more

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Parties

AIM Global Holdings Limited

1st Plaintiff (original Action); 1st Defendant (counterclaim)

Lily Liu Durr

2nd Plaintiff (original Action); 2nd Defendant (counterclaim)

Shanghai Weicon Optical Co. Ltd.

3rd Plaintiff (original Action); 3rd Defendant (counterclaim)

Chien Kun Allen

1st Defendant (original Action); 1st Plaintiff (counterclaim); Plaintiff (hca 2495/2014)

Rising Dragon Global Limited

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

Procedural Posture

Consolidated Civil Actions Involving Contractual Disputes, Breach of Share Award and Employment Agreements, and Assessment of Damages / Post Judgment Quantum Assessment Stage; Application for Interim Payment Under Order 29

Legal Issues

  1. 1 Whether threshold in Order 29 r11(1)(b) satisfied (judgment to be assessed)
  2. 2 Whether alleged delay by claimant in prosecuting quantum stage defeats interim payment
  3. 3 Whether court may include pre-judgment interest as part of interim payment

Ratio Decidendi

The court found the threshold in Order 29 r11(1)(b) met (there was a judgment to be assessed), concluded that the claimant's delay in commencing the quantum stage was not unreasonable or culpable, accepted on the evidence it was likely the claimant would recover at least US$1,317,775, and held the court had jurisdiction to include a pre-judgment interest component; exercising its discretion the court ordered an interim payment of US$1.7 million against AIM and Ms Liu to mitigate prejudice from delay in final quantum assessment.

Court Disposition

Summons allowed. Interim payment of US$1.7 million ordered against AIM Global Holdings Limited and Lily Liu Durr; costs order nisi (absolute within 7 days) in favour of claimant.

Orders

  • AIM Global Holdings Limited and Lily Liu Durr to pay Mr Chien US$1,700,000 by way of interim payment within 28 days from the date of the Order
  • Payment may be made in US dollars; if paid in Hong Kong dollars the exchange rate on date of payment to be adopted