CHAN TAT MAN AND OTHERS v. TSOI YUK MING AND OTHERS

CHAN TAT MAN AND OTHERS v. TSOI YUK MING AND OTHERS

The summons to intervene was dismissed because the interveners failed to demonstrate the requisite direct legal or pecuniary interest under either limb of Order 15 r.6(2)(b); the dispute is an internal shareholder management dispute about authority to pursue a derivative counterclaim by MHX and the interveners'...

Source-derived case information.

Citation
CHAN TAT MAN AND OTHERS v. TSOI YUK MING AND OTHERS
Parties
1st Plaintiff: Mr Chan; 2nd Plaintiff: Mr Lin; 3rd Plaintiff: Mr Chan Ka; 1st Defendant: Mr Tsoi; Intervener/4th Defendant (sought): CPDH; Intervener/5th Defendant (sought): BPP
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2008
Case Number
HCA2028/2007
Procedural Posture
Company/shareholder Dispute With Ancillary Arbitration Issues / Summons to Intervene/joinder Heard; Ruling Delivered (application Dismissed)
Outcome
Summons to intervene dismissed
Legal Topics
Joinder and Intervention Under Order 15 R.6(2)(b), Derivative Proceedings by Shareholder, Jurisdiction and Forum Non Conveniens, Strike Out/abuse of Process, Power of Attorney and Authority to Act
Source Language
en
Company Law Arbitration Law Civil Procedure Conflict of Laws (forum Non Conveniens) Joinder and Intervention Under Order 15 R.6(2)(b) Derivative Proceedings by Shareholder Jurisdiction and Forum Non Conveniens Strike Out/abuse of Process +1 more

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Parties

Mr Chan

1st Plaintiff

Mr Lin

2nd Plaintiff

Mr Chan Ka

3rd Plaintiff

Mr Tsoi

1st Defendant

CPDH

Intervener/4th Defendant (sought)

BPP

Intervener/5th Defendant (sought)

Procedural Posture

Company/shareholder Dispute With Ancillary Arbitration Issues / Summons to Intervene/joinder Heard; Ruling Delivered (application Dismissed)

Legal Issues

  1. 1 Whether CPDH and BPP should be joined as defendants/interveners under O.15 r.6(2)(b)
  2. 2 Whether Mr Lin may pursue a derivative counterclaim on behalf of MHX in the Hong Kong arbitration
  3. 3 Whether interveners have sufficient direct legal or pecuniary interest to justify joinder

Ratio Decidendi

The summons to intervene was dismissed because the interveners failed to demonstrate the requisite direct legal or pecuniary interest under either limb of Order 15 r.6(2)(b); the dispute is an internal shareholder management dispute about authority to pursue a derivative counterclaim by MHX and the interveners' interest is indirect; they can contest any MHX counterclaim on its merits in arbitration and are not necessary parties to the present action.

Court Disposition

Summons to intervene dismissed

Orders

  • Summons dismissed with costs
  • Certificate for two counsel awarded