張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

D1 failed to demonstrate a legal interest directly related to the subject matter of the Striking Out Summonses under either limb of Order 15 r 6(2)(b), and no basis existed to exercise the court's inherent jurisdiction to allow intervention; the Striking Out Summonses did not need to be served on D1 because they did not affect his legal rights; intervention would overburden and complicate interlocutory proceedings and is refused.

Citation
張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER
Parties
1st Group Plaintiff: Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI (See Schedule 1 to Writ); 2nd Group Plaintiff: Relevant employees whose shares in China Shanshui Investment Company Limited held by LI YANMIN (See Schedule 2 to Writ); 1st Defendant: ZHANG CAIKUI (張才奎); 2nd Defendant: LI YANMIN (李延民); Interested Party: Messrs Nixon Peabody CWL (Previously CWL Partners)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2016
Case Number
HCA939/2015
Procedural Posture
Civil Trust and Property Action for Return of Shares/equitable Relief With Interlocutory Applications / Interlocutory — Application to Intervene (intervention Summonses) and Determination of Service/joinder Issues; Directions Hearing Ordered
Outcome
Intervention Summonses dismissed
Legal Topics
Intervention/joinder Under Order 15 R 6, Service of Process (order 32 R 3), Withdrawal/change of Solicitors, Breach of Trust, Receivership, Legal Professional Conduct (guide 5.4/5.11), Privilege
Source Language
EN
Trusts and Equity Civil Procedure Company Law Receivership Professional Conduct/legal Ethics Evidence and Privilege Intervention/joinder Under Order 15 R 6 Service of Process (order 32 R 3) +4 more

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Parties

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI (See Schedule 1 to Writ)

1st Group Plaintiff

Relevant employees whose shares in China Shanshui Investment Company Limited held by LI YANMIN (See Schedule 2 to Writ)

2nd Group Plaintiff

ZHANG CAIKUI (張才奎)

1st Defendant

LI YANMIN (李延民)

2nd Defendant

Messrs Nixon Peabody CWL (Previously CWL Partners)

Interested Party

Procedural Posture

Civil Trust and Property Action for Return of Shares/equitable Relief With Interlocutory Applications / Interlocutory — Application to Intervene (intervention Summonses) and Determination of Service/joinder Issues; Directions Hearing Ordered

Legal Issues

  1. 1 Whether the 1st defendant (D1) should be permitted to intervene under Order 15 r 6(2)(b)(i) as necessary to ensure all matters in dispute may be effectually and completely determined
  2. 2 Whether D1 should be permitted to intervene under Order 15 r 6(2)(b)(ii) because there exists a question between him and the plaintiffs arising out of or connected with the relief sought in the Striking Out Summonses
  3. 3 Whether the Striking Out Summonses needed to be served on D1 under Order 32 r 3

Ratio Decidendi

D1 failed to demonstrate a legal interest directly related to the subject matter of the Striking Out Summonses under either limb of Order 15 r 6(2)(b), and no basis existed to exercise the court's inherent jurisdiction to allow intervention; the Striking Out Summonses did not need to be served on D1 because they did not affect his legal rights; intervention would overburden and complicate interlocutory proceedings and is refused.

Court Disposition

Intervention Summonses dismissed

Orders

  • Intervention Summonses dismissed
  • Costs to be paid by the 1st Defendant to the Plaintiffs forthwith; certificate for two counsel; to be taxed if not agreed