TAM WING YUEN AND OTHERS v. SIBERIAN MINING GROUP CO LTD AND OTHERS

TAM WING YUEN AND OTHERS v. SIBERIAN MINING GROUP CO LTD AND OTHERS

The amended petition was struck out because the petitioner failed to establish the jurisdictional criteria to wind up a foreign company in Hong Kong, alternative remedies were available and petitioner acted unreasonably and vexatiously by repeatedly litigating the same complaints; the petition disclosed no reasonable cause of action and the non-company respondents were improperly joined, justifying strike out and indemnity costs.

Citation
TAM WING YUEN AND OTHERS v. SIBERIAN MINING GROUP CO LTD AND OTHERS
Parties
1st Petitioner: Tam Wing Yuen; 2nd Petitioner: Chow Doi Yik Caniel; 3rd Petitioner: Charles Zhi (also known as Chi Chang Hyun, Zhi Charles and Charles Chi); 1st Respondent: Siberian Mining Group Company Limited; 2nd Respondent: Grandvest International Limited; 6th Respondent: Lim Ho Sok; 10th Respondent: Tam Tak Wah; 14th Respondent: Liew Swee Yean; 16th Respondent: Young Yue Wing Alvin; 17th Respondent: Pang Ngoi Wah Edward; 20th Respondent: Hong Sang Joon; 21st Respondent: Jang Sam Ki; 22nd Respondent: Su Run Fa; 23rd Respondent: Kwok Kim Hung Eddie; 24th Respondent: Park Kun Ju; 25th Respondent: Lai Han Zhen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 2017
Case Number
HCCW392/2015
Procedural Posture
Companies (winding Up) Petition Under S.327(3)(c) Cap.32 (foreign Company) / Application to Strike Out Amended Petition; Judgment Striking Out the Amended Petition
Outcome
Amended petition struck out as against the respondents
Legal Topics
Winding Up, Just and Equitable Ground, Jurisdiction Over Foreign Company, Abuse of Process, Strike Out, Improper Joinder
Source Language
EN
Company Law Insolvency Law Civil Procedure Securities Regulation Winding Up Just and Equitable Ground Jurisdiction Over Foreign Company Abuse of Process +2 more

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Parties

Tam Wing Yuen

1st Petitioner

Chow Doi Yik Caniel

2nd Petitioner

Charles Zhi (also known as Chi Chang Hyun, Zhi Charles and Charles Chi)

3rd Petitioner

Siberian Mining Group Company Limited

1st Respondent

Grandvest International Limited

2nd Respondent

Lim Ho Sok

6th Respondent

Tam Tak Wah

10th Respondent

Liew Swee Yean

14th Respondent

Young Yue Wing Alvin

16th Respondent

Pang Ngoi Wah Edward

17th Respondent

Hong Sang Joon

20th Respondent

Jang Sam Ki

21st Respondent

Su Run Fa

22nd Respondent

Kwok Kim Hung Eddie

23rd Respondent

Park Kun Ju

24th Respondent

Lai Han Zhen

25th Respondent

Procedural Posture

Companies (winding Up) Petition Under S.327(3)(c) Cap.32 (foreign Company) / Application to Strike Out Amended Petition; Judgment Striking Out the Amended Petition

Legal Issues

  1. 1 Whether Hong Kong court should exercise jurisdiction to wind up a foreign (Cayman) company
  2. 2 Whether petitioner has sufficient economic interest within the jurisdiction to justify winding up in Hong Kong
  3. 3 Whether viable alternative remedies exist making winding up inappropriate

Ratio Decidendi

The amended petition was struck out because the petitioner failed to establish the jurisdictional criteria to wind up a foreign company in Hong Kong, alternative remedies were available and petitioner acted unreasonably and vexatiously by repeatedly litigating the same complaints; the petition disclosed no reasonable cause of action and the non-company respondents were improperly joined, justifying strike out and indemnity costs.

Court Disposition

Amended petition struck out as against the respondents

Orders

  • Amended petition struck out in so far as the respondents are concerned
  • Costs to be paid by the 3rd petitioner (Mr Charles Zhi) to the respondents on an indemnity basis to be taxed summarily