WINGAMES INVESTMENTS LTD AND ANOTHER v. MASCOT LAND LTD AND OTHERS

WINGAMES INVESTMENTS LTD AND ANOTHER v. MASCOT LAND LTD AND OTHERS

The court granted/continued the interim injunction because the plaintiffs demonstrated sufficient merits and, given the defendants' refusal to disclose transactional details, the balance of convenience favoured preserving the status quo; fortification of the cross-undertaking was unnecessary because funds were deposited in escrow; the 1st defendant's payment-into-court application was dismissed as unnecessary.

Citation
WINGAMES INVESTMENTS LTD AND ANOTHER v. MASCOT LAND LTD AND OTHERS
Parties
1st Plaintiff: WINGAMES INVESTMENTS LIMITED; 2nd Plaintiff: CHINA HEALTHCARE HOLDINGS LIMITED; 1st Defendant: MASCOT LAND LIMITED; 2nd Defendant: CHINA ZHONGFU INDUSTRY CO., LTD; 3rd Defendant: SHANGHAI ZHONGFU INTERNATIONAL TRADING CO., LTD; 4th Defendant: ANHUI ANHE INVESTMENT CONSULTING CO., LTD; 5th Defendant: WANG JISHENG; 6th Defendant: GE QIANSONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2011
Case Number
HCA907/2011
Procedural Posture
Interlocutory Injunction Application / Summons Hearing; Decision on Interim Injunction (17 June 2011)
Outcome
Interim injunction granted against the 1st, 2nd, 3rd, 5th and 6th defendants and continued against the 4th defendant until 15 July 2011; 1st defendant's payment-into-court application dismissed; no fortification of plaintiffs' cross-undertaking ordered.
Legal Topics
Interim Injunction, Undertaking in Lieu, Balance of Convenience, Payment Into Court, Cross Undertaking as to Damages, Escrow
Source Language
EN
Civil Equity Commercial Interim Injunction Undertaking in Lieu Balance of Convenience Payment Into Court Cross Undertaking as to Damages +1 more

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Parties

WINGAMES INVESTMENTS LIMITED

1st Plaintiff

CHINA HEALTHCARE HOLDINGS LIMITED

2nd Plaintiff

MASCOT LAND LIMITED

1st Defendant

CHINA ZHONGFU INDUSTRY CO., LTD

2nd Defendant

SHANGHAI ZHONGFU INTERNATIONAL TRADING CO., LTD

3rd Defendant

ANHUI ANHE INVESTMENT CONSULTING CO., LTD

4th Defendant

WANG JISHENG

5th Defendant

GE QIANSONG

6th Defendant

Procedural Posture

Interlocutory Injunction Application / Summons Hearing; Decision on Interim Injunction (17 June 2011)

Legal Issues

  1. 1 Whether an interim injunction should be granted or continued pending the return date
  2. 2 Whether defendants' refusal to disclose transactional details affects the balance of convenience
  3. 3 Whether the plaintiffs' cross-undertaking should be fortified

Ratio Decidendi

The court granted/continued the interim injunction because the plaintiffs demonstrated sufficient merits and, given the defendants' refusal to disclose transactional details, the balance of convenience favoured preserving the status quo; fortification of the cross-undertaking was unnecessary because funds were deposited in escrow; the 1st defendant's payment-into-court application was dismissed as unnecessary.

Court Disposition

Interim injunction granted against the 1st, 2nd, 3rd, 5th and 6th defendants and continued against the 4th defendant until 15 July 2011; 1st defendant's payment-into-court application dismissed; no fortification of plaintiffs' cross-undertaking ordered.

Orders

  • Interim injunction granted against 1st, 2nd, 3rd, 5th and 6th defendants until 15 July 2011
  • Interim injunction continued against 4th defendant until 15 July 2011