CHI DONG EUN AND ANOTHER v. KIM YOUNG JUN AND OTHERS

CHI DONG EUN AND ANOTHER v. KIM YOUNG JUN AND OTHERS

The application was dismissed because the plaintiffs failed to establish irreparable harm not compensable by damages, the proceedings constituted an abuse of process given the prior struck out/stayed derivative claims and lack of Cayman leave, and the 1st plaintiff lacked a discernible cause of action; accordingly...

Source-derived case information.

Citation
CHI DONG EUN AND ANOTHER v. KIM YOUNG JUN AND OTHERS
Parties
1st Plaintiff: CHI DONG EUN; 2nd Plaintiff: ZHI CHARLES; 1st Defendant: KIM YOUNG JUN; 2nd Defendant: CHOI SUNG MIN; 3rd Defendant: LIM HO SOK; 4th Defendant: JANG SAM KI; 5th Defendant: HONG SANG JUN; 6th Defendant: CORDIA GLOBAL LIMITED; 7th Defendant: GOLDWYN MANAGEMENT LIMITED; 8th Defendant: ACME PERFECT LIMITED; 9th Defendant: FIRST GLORY LIMITED; 10th Defendant: LUCREZIA LIMITED; 11th Defendant: FIRST TOKEN LIMITED; 12th Defendant: DAILY LOYAL LIMITED; 13th Defendant: PIONEER CENTRE LIMITED; 14th Defendant: MASTER IMPACT LIMITED; 15th Defendant: SLYLINE MERIT LIMITED; 16th Defendant: PARK SEUNG HO; 17th Defendant: KEYSTONE GLOBAL COMPANY LIMITED; 18th Defendant: SIBERIAN MINING GROUP COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 August 2015
Case Number
HCA1880/2015
Procedural Posture
Interlocutory Injunction Application (derivative Action) / Third Application / Interlocutory Stage
Outcome
Application dismissed; interlocutory injunction refused
Legal Topics
Interlocutory Injunction, Irreparable Harm, Leave for Derivative Action, Abuse of Process, Cause of Action, Costs
Source Language
en
Civil Procedure Company Law Injunctions Derivative Actions Trusts Abuse of Process Interlocutory Injunction Irreparable Harm +3 more

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Parties

CHI DONG EUN

1st Plaintiff

ZHI CHARLES

2nd Plaintiff

KIM YOUNG JUN

1st Defendant

CHOI SUNG MIN

2nd Defendant

LIM HO SOK

3rd Defendant

JANG SAM KI

4th Defendant

HONG SANG JUN

5th Defendant

CORDIA GLOBAL LIMITED

6th Defendant

GOLDWYN MANAGEMENT LIMITED

7th Defendant

ACME PERFECT LIMITED

8th Defendant

FIRST GLORY LIMITED

9th Defendant

LUCREZIA LIMITED

10th Defendant

FIRST TOKEN LIMITED

11th Defendant

DAILY LOYAL LIMITED

12th Defendant

PIONEER CENTRE LIMITED

13th Defendant

MASTER IMPACT LIMITED

14th Defendant

SLYLINE MERIT LIMITED

15th Defendant

PARK SEUNG HO

16th Defendant

KEYSTONE GLOBAL COMPANY LIMITED

17th Defendant

SIBERIAN MINING GROUP COMPANY LIMITED

18th Defendant

Procedural Posture

Interlocutory Injunction Application (derivative Action) / Third Application / Interlocutory Stage

Legal Issues

  1. 1 Whether to grant an interlocutory injunction restraining the 18th defendant from holding an AGM
  2. 2 Whether the applicants have shown irreparable harm not compensable by damages
  3. 3 Whether the proceedings are a derivative action requiring leave from the Cayman Islands Grand Court

Ratio Decidendi

The application was dismissed because the plaintiffs failed to establish irreparable harm not compensable by damages, the proceedings constituted an abuse of process given the prior struck out/stayed derivative claims and lack of Cayman leave, and the 1st plaintiff lacked a discernible cause of action; accordingly no interlocutory injunction was justified and the application was dismissed with costs.

Court Disposition

Application dismissed; interlocutory injunction refused

Orders

  • Application dismissed with costs