ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD

ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD

The application is dismissed for want of jurisdiction: the court will not grant the form of leave sought under Order 30 to make directions affecting non-parties (notably Xie) and the procedures for committal under Order 52 were not followed; accordingly the interlocutory application is refused.

Citation
ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD
Parties
Plaintiff; 1st Defendant (counterclaim): Achieve Goal Holdings Limited; Defendant; 5th Defendant (counterclaim): Zhong Xin Ore-Material Holding Company Limited; 1st Plaintiff (by Counterclaim): Clarigain Enterprises Limited; 2nd Plaintiff (by Counterclaim): Bai Jun Tian Cheng Limited; 2nd Defendant (by Counterclaim): Angola Group Holdings Limited; 3rd Defendant (by Counterclaim): Zhao Bing; 4th Defendant (by Counterclaim): Ng Chi Kong; Applicants: Interim Receivers and Managers
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2017
Case Number
HCA1987/2005
Procedural Posture
Civil Company/shareholder Dispute and Interim Receivers Application / Interlocutory Application for Directions (call Over Hearing)
Outcome
Application dismissed on jurisdiction grounds (Order 30); dismissed for failure to follow committal procedure under Order 52 where applicable; order nisi for costs against Zhong Xin in favour of Clarigain and Bai Jun; no order as to costs for Angola/Achieve Gold.
Legal Topics
Interim Receivers, Directions to Receivers, Jurisdiction Over Non Parties, Committal for Contempt, Registration of Legal Representative, Costs Assessment
Source Language
EN
Company Law Civil Procedure Receivership Contempt Interim Receivers Directions to Receivers Jurisdiction Over Non Parties Committal for Contempt +2 more

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Parties

Achieve Goal Holdings Limited

Plaintiff; 1st Defendant (counterclaim)

Zhong Xin Ore-Material Holding Company Limited

Defendant; 5th Defendant (counterclaim)

Clarigain Enterprises Limited

1st Plaintiff (by Counterclaim)

Bai Jun Tian Cheng Limited

2nd Plaintiff (by Counterclaim)

Angola Group Holdings Limited

2nd Defendant (by Counterclaim)

Zhao Bing

3rd Defendant (by Counterclaim)

Ng Chi Kong

4th Defendant (by Counterclaim)

Interim Receivers and Managers

Applicants

Procedural Posture

Civil Company/shareholder Dispute and Interim Receivers Application / Interlocutory Application for Directions (call Over Hearing)

Legal Issues

  1. 1 Whether leave is required before commencing proceedings for breach of court order
  2. 2 Whether the court has jurisdiction under Order 30 to give directions affecting non-parties (Xie)
  3. 3 Whether intended proceedings would benefit Zhong Xin

Ratio Decidendi

The application is dismissed for want of jurisdiction: the court will not grant the form of leave sought under Order 30 to make directions affecting non-parties (notably Xie) and the procedures for committal under Order 52 were not followed; accordingly the interlocutory application is refused.

Court Disposition

Application dismissed on jurisdiction grounds (Order 30); dismissed for failure to follow committal procedure under Order 52 where applicable; order nisi for costs against Zhong Xin in favour of Clarigain and Bai Jun; no order as to costs for Angola/Achieve Gold.

Orders

  • Application dismissed on jurisdiction grounds (Order 30)
  • Order nisi that Zhong Xin shall bear the costs of Clarigain and Bai Jun