WONG MAN HON FREDERICK v. CHINA TIMES SECURITIES LTD

WONG MAN HON FREDERICK v. CHINA TIMES SECURITIES LTD

Leave to appeal refused and application for fresh evidence dismissed because the plaintiff failed to show a serious issue to be tried or any loss from the alleged transfer/sale and, critically, damages would be an adequate remedy so injunctive relief was inappropriate; the proffered fresh evidence would not affect...

Source-derived case information.

Citation
WONG MAN HON FREDERICK v. CHINA TIMES SECURITIES LTD
Parties
Plaintiff (appellant): Wong Man Hon Frederick; Defendant (respondent): China Times Securities Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2017
Case Number
HCMP608/2017
Procedural Posture
Interlocutory Application for Leave to Appeal (injunction) / Renewed Application in the Court of Appeal Heard 18 July 2017
Outcome
Application for leave to appeal refused; application to adduce fresh evidence dismissed.
Legal Topics
Interlocutory Injunction, Damages as Adequate Remedy, Fresh Evidence, Collateral Agency Agreement, Share Pledge, Leave to Appeal
Source Language
en
Civil Procedure Equity Contract Commercial Law Securities/custody Interlocutory Injunction Damages as Adequate Remedy Fresh Evidence +3 more

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Parties

Wong Man Hon Frederick

Plaintiff (appellant)

China Times Securities Limited

Defendant (respondent)

Procedural Posture

Interlocutory Application for Leave to Appeal (injunction) / Renewed Application in the Court of Appeal Heard 18 July 2017

Legal Issues

  1. 1 Whether there was a serious issue to be tried that the defendant breached the Collateral Agency Agreement or account opening documentation
  2. 2 Whether the plaintiff could show that the pledged shares had been sold
  3. 3 Whether damages were an adequate remedy such that injunction should be refused

Ratio Decidendi

Leave to appeal refused and application for fresh evidence dismissed because the plaintiff failed to show a serious issue to be tried or any loss from the alleged transfer/sale and, critically, damages would be an adequate remedy so injunctive relief was inappropriate; the proffered fresh evidence would not affect that conclusion.

Court Disposition

Application for leave to appeal refused; application to adduce fresh evidence dismissed.

Orders

  • Leave to appeal refused
  • Application to adduce fresh evidence dismissed