CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS v. TIANRUI (INTERNATIONAL) HOLDING CO LTD AND OTHERS

CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS v. TIANRUI (INTERNATIONAL) HOLDING CO LTD AND OTHERS

The application for stay was dismissed: the Tianrui Ds failed to prove Hong Kong is not the natural forum and that the Cayman Islands is clearly more appropriate; alternatively a case management stay was unjustified because there was no identity of parties or issues between the proceedings, the subject matters and...

Source-derived case information.

Citation
[2020] HKCFI 3043
Parties
1st Plaintiff: China Shanshui Cement Group Limited; 2nd Plaintiff: China Shanshui Cement Group (Hong Kong) Company Limited; 3rd Plaintiff: China Pioneer Cement (Hong Kong) Company Limited; 4th Plaintiff: Shandong Shanshui Cement Group Company Limited; 1st Defendant: Tianrui (International) Holding Company Limited; 2nd Defendant: Tianrui Group Company Limited; 3rd Defendant: Stephen Liu Yiu Keung (廖耀強); 4th Defendant: David Yen Ching Wai (閻正為); 5th Defendant: Godwin Hwa Guo Wai (華國威); 6th Defendant: Chong Cha Hwa (張家華); 7th Defendant: Li Heping (李和平); 8th Defendant: Li Liufa (李留法); 9th Defendant: Cheung Yuk Ming (張鈺明); 10th Defendant: Ng Qing Hai (黃清海); 11th Defendant: Li Zhiqiang (李志強); 12th Defendant: Ho Man Kay, Angela (何文琪); 13th Defendant: Law Pui Cheung (羅沛昌); 14th Defendant: Wong Chi Keung (黃之強); 15th Defendant: Ching Siu Ming (程少明); 16th Defendant: Lo Chung Hing (盧重興); 17th Defendant: Tsang Wing Tai (曾永泰); 18th Defendant: Ernst & Young Transactions Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2020
Case Number
HCA548/2019
Procedural Posture
Civil Action: Interlocutory Application for Stay (forum Non Conveniens and Case Management) / Interlocutory Summons Hearing (14/8/2019 Summons)
Outcome
Application dismissed; §§4 and 5 of the 14/8/2019 Summons refused; other paragraphs abandoned and dismissed.
Legal Topics
Forum Non Conveniens, Stay of Proceedings, Winding‑up Petition, Unlawful Means Conspiracy, Fiduciary Duties, Service of Process, Case Management, Lis Alibi Pendens
Source Language
en
Company Law Civil Procedure Private International Law Equity Contract Tort Insolvency Forum Non Conveniens +7 more

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Parties

China Shanshui Cement Group Limited

1st Plaintiff

China Shanshui Cement Group (Hong Kong) Company Limited

2nd Plaintiff

China Pioneer Cement (Hong Kong) Company Limited

3rd Plaintiff

Shandong Shanshui Cement Group Company Limited

4th Plaintiff

Tianrui (International) Holding Company Limited

1st Defendant

Tianrui Group Company Limited

2nd Defendant

Stephen Liu Yiu Keung (廖耀強)

3rd Defendant

David Yen Ching Wai (閻正為)

4th Defendant

Godwin Hwa Guo Wai (華國威)

5th Defendant

Chong Cha Hwa (張家華)

6th Defendant

Li Heping (李和平)

7th Defendant

Li Liufa (李留法)

8th Defendant

Cheung Yuk Ming (張鈺明)

9th Defendant

Ng Qing Hai (黃清海)

10th Defendant

Li Zhiqiang (李志強)

11th Defendant

Ho Man Kay, Angela (何文琪)

12th Defendant

Law Pui Cheung (羅沛昌)

13th Defendant

Wong Chi Keung (黃之強)

14th Defendant

Ching Siu Ming (程少明)

15th Defendant

Lo Chung Hing (盧重興)

16th Defendant

Tsang Wing Tai (曾永泰)

17th Defendant

Ernst & Young Transactions Limited

18th Defendant

Procedural Posture

Civil Action: Interlocutory Application for Stay (forum Non Conveniens and Case Management) / Interlocutory Summons Hearing (14/8/2019 Summons)

Legal Issues

  1. 1 Whether Hong Kong is the natural and appropriate forum for trial
  2. 2 Whether the Cayman Islands is clearly or distinctly the more appropriate forum
  3. 3 Whether a stay should be granted pending final determination of the Cayman winding‑up petition (case management/lis alibi pendens)

Ratio Decidendi

The application for stay was dismissed: the Tianrui Ds failed to prove Hong Kong is not the natural forum and that the Cayman Islands is clearly more appropriate; alternatively a case management stay was unjustified because there was no identity of parties or issues between the proceedings, the subject matters and relief differed, and a stay would cause prejudice and inefficiency for the plaintiffs; therefore §§4 and 5 of the 14/8/2019 Summons were refused and remaining grounds were abandoned/dismissed.

Court Disposition

Application dismissed; §§4 and 5 of the 14/8/2019 Summons refused; other paragraphs abandoned and dismissed.

Orders

  • §§4 and 5 of the 14/8/2019 Summons dismissed
  • Other paragraphs of the 14/8/2019 Summons dismissed as abandoned