HARBOUR FRONT LTD v. LEUNG YUET KEUNG AND ANOTHER

HARBOUR FRONT LTD v. LEUNG YUET KEUNG AND ANOTHER

The application was an abuse of process and the claim was frivolous or vexatious such that there was no serious issue to be tried; accordingly the summonses for injunction were dismissed.

Citation
HARBOUR FRONT LTD v. LEUNG YUET KEUNG AND ANOTHER
Parties
Plaintiff: Harbour Front Limited; 1st Defendant: Leung Yuet Keung; 2nd Defendant: Wong Sum Yuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2008
Case Number
HCA1598/2008
Procedural Posture
Civil Equitable Injunction Application / Chambers Hearing and Judgment on Summons (application Dismissed)
Outcome
Application for injunction dismissed
Legal Topics
Injunction, Abuse of Process, Frivolous and Vexatious Claim, Shareholders Agreement, Winding Up Petitions, Just and Equitable Ground
Source Language
EN
Equity Company Law Civil Procedure Injunction Abuse of Process Frivolous and Vexatious Claim Shareholders Agreement Winding Up Petitions +1 more

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Parties

Harbour Front Limited

Plaintiff

Leung Yuet Keung

1st Defendant

Wong Sum Yuen

2nd Defendant

Procedural Posture

Civil Equitable Injunction Application / Chambers Hearing and Judgment on Summons (application Dismissed)

Legal Issues

  1. 1 Whether an injunction should be granted under the shareholders agreement dated 5 June 1990
  2. 2 Whether the injunction application is an abuse of process in light of prior proceedings
  3. 3 Whether the claim is frivolous or vexatious such that there is no serious issue to be tried

Ratio Decidendi

The application was an abuse of process and the claim was frivolous or vexatious such that there was no serious issue to be tried; accordingly the summonses for injunction were dismissed.

Court Disposition

Application for injunction dismissed

Orders

  • Dismissed the summons at pages 16 to 19 of Bundle A
  • Dismissed the amended summons at pages 39 to 47 of Bundle A