HARBOUR FRONT LTD v. LEUNG YUET KEUNG AND ANOTHER

HARBOUR FRONT LTD v. LEUNG YUET KEUNG AND ANOTHER

Harbour Front remains in breach of the Shareholders Agreement and has acted to the detriment of Fonfair and Money Facts; that misconduct directly bars it from obtaining equitable relief by way of an interlocutory injunction, rendering the application an abuse of process and without a serious issue to be tried, therefore the injunction pending appeal is refused.

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
3 September 2008
Case Number
HCA1598/2008
Procedural Posture
Interim Injunction Pending Appeal (shareholder Dispute) / Application to Judge of the Court of First Instance Under Order 59 R 14(4) Pending Appeal
Outcome
Application for interim injunction pending appeal refused
Legal Topics
Interim Injunction, Abuse of Process, Breach of Shareholders Agreement, Winding Up, Status Quo Pending Appeal, Costs
Source Language
EN
Equity Company Law Injunctions Shareholders' Agreements Civil Procedure Interim Injunction Abuse of Process Breach of Shareholders Agreement +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Harbour Front Limited

Plaintiff

Leung Yuet Keung

1st Defendant

Wong Sum Yuen

2nd Defendant

Procedural Posture

Interim Injunction Pending Appeal (shareholder Dispute) / Application to Judge of the Court of First Instance Under Order 59 R 14(4) Pending Appeal

Legal Issues

  1. 1 Whether to grant interim injunction pending appeal
  2. 2 Whether prior findings of misconduct and breach of the Shareholders Agreement preclude equitable relief
  3. 3 Whether the application is an abuse of process or frivolous and vexatious

Ratio Decidendi

Harbour Front remains in breach of the Shareholders Agreement and has acted to the detriment of Fonfair and Money Facts; that misconduct directly bars it from obtaining equitable relief by way of an interlocutory injunction, rendering the application an abuse of process and without a serious issue to be tried, therefore the injunction pending appeal is refused.

Court Disposition

Application for interim injunction pending appeal refused

Orders

  • Interim injunction pending appeal refused
  • Harbour Front Limited to pay the defendants' costs of this application on a party and party basis