WAH NAM HOLDINGS CO. LTD.AND OTHERS v. EXCEL NOBLE DEVELOPMENT LTD. AND OTHERS

WAH NAM HOLDINGS CO. LTD.AND OTHERS v. EXCEL NOBLE DEVELOPMENT LTD. AND OTHERS

The court refused immediate discharge and exercised case management to require affidavits in opposition by 2:00 p.m. on 15 July and fixed hearings on 16 and 19 July to determine the limited issues (ability to honour undertakings and alleged abuse of process), thereby preserving the injunctions pending those hearings.

Citation
WAH NAM HOLDINGS CO. LTD.AND OTHERS v. EXCEL NOBLE DEVELOPMENT LTD. AND OTHERS
Parties
1st Plaintiff: WAH NAM HOLDINGS CO. LIMITED; 2nd Plaintiff: WILLIAM CHAN PAK TO; 3rd Plaintiff: WAH HING SECURITIES LIMITED; 1st Defendant: EXCEL NOBLE DEVELOPMENT LIMITED; 2nd Defendant: EMPIRE HARVEST DEVELOPMENT LIMITED; 3rd Defendant: STAMFORD STAR FINANCE LIMITED; 4th Defendant: UNBEATABLE ASSETS LIMITED; 5th Defendant: SAMSON DAVID CHEN; 6th Defendant: TERENCE HO PUI TIN; 7th Defendant: SOLAR HONEST LIMITED; 8th Defendant: WAH NAM GROUP LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 July 1999
Case Number
HCA8974/1999
Procedural Posture
Civil Injunctions / Interlocutory / Directions Hearing
Outcome
Application to discharge injunctions adjourned; injunctions not discharged at this stage
Legal Topics
Injunctions, Undertakings to the Court, Abuse of Process, Convertible Notes, Interim Relief, Case Management
Source Language
EN
Civil Procedure Equity Company Law Injunctions Undertakings to the Court Abuse of Process Convertible Notes Interim Relief +1 more

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Parties

WAH NAM HOLDINGS CO. LIMITED

1st Plaintiff

WILLIAM CHAN PAK TO

2nd Plaintiff

WAH HING SECURITIES LIMITED

3rd Plaintiff

EXCEL NOBLE DEVELOPMENT LIMITED

1st Defendant

EMPIRE HARVEST DEVELOPMENT LIMITED

2nd Defendant

STAMFORD STAR FINANCE LIMITED

3rd Defendant

UNBEATABLE ASSETS LIMITED

4th Defendant

SAMSON DAVID CHEN

5th Defendant

TERENCE HO PUI TIN

6th Defendant

SOLAR HONEST LIMITED

7th Defendant

WAH NAM GROUP LIMITED

8th Defendant

Procedural Posture

Civil Injunctions / Interlocutory / Directions Hearing

Legal Issues

  1. 1 Whether the injunctions should be discharged for alleged inability of Plaintiffs to honour their undertakings
  2. 2 Whether the injunctions constitute an abuse of process because of a connection between the injunction application and the 8th Defendant's directors' resolution to rescind convertible notes
  3. 3 Whether expedited timetable is necessary given forthcoming EGM and potential change of control

Ratio Decidendi

The court refused immediate discharge and exercised case management to require affidavits in opposition by 2:00 p.m. on 15 July and fixed hearings on 16 and 19 July to determine the limited issues (ability to honour undertakings and alleged abuse of process), thereby preserving the injunctions pending those hearings.

Court Disposition

Application to discharge injunctions adjourned; injunctions not discharged at this stage

Orders

  • Affidavits in reply / affidavits in opposition by Plaintiffs and the 8th Defendant to be filed and served by 2:00 p.m. on Thursday 15 July 1999
  • Hearing of the application to be listed on 16 July 1999 and 19 July 1999