Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

The summons for joinder was dismissed because Chen is not a necessary party under O.15 r.6(2)(b); his claimed rights will not be determined at the trial, joinder would be discretionary and would cause prejudice and disruption to the imminent trial, and receivership and res judicata principles mean joinder is unnecessary to bind or protect Chen's asserted interests.

Citation
Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Parties
Plaintiff: Plaintiffs (K & L Gates clients); Plaintiff: Plaintiffs (Stephenson Harwood clients); 1st Defendant: 1st Defendant Mr Zhang; 2nd Defendant: 2nd Defendant; Intended Intervener/applicant: Chen Hongqing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2017
Case Number
HCA2191/2014
Procedural Posture
Civil Interlocutory Application (joinder/intervener) / Pre Trial (application Heard 10 November 2017; Trial Listed to Start in 20 Days)
Outcome
Summons dismissed (joinder application refused)
Legal Topics
Joinder, Intervention, Equitable Assignment, Constructive Trust, Res Judicata, Issue Estoppel, Case Management
Source Language
EN
Civil Procedure Equity and Trusts Company/share Ownership Receivership Joinder Intervention Equitable Assignment Constructive Trust +3 more

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Parties

Plaintiffs (K & L Gates clients)

Plaintiff

Plaintiffs (Stephenson Harwood clients)

Plaintiff

1st Defendant Mr Zhang

1st Defendant

2nd Defendant

2nd Defendant

Chen Hongqing

Intended Intervener/applicant

Procedural Posture

Civil Interlocutory Application (joinder/intervener) / Pre Trial (application Heard 10 November 2017; Trial Listed to Start in 20 Days)

Legal Issues

  1. 1 Whether the intended intervener (Chen) is a necessary party under O.15 r.6(2)(b)(i) or (ii)
  2. 2 Whether Chen's asserted proprietary rights should be determined in the pending trial
  3. 3 Whether joinder would be just and convenient or would prejudice and disrupt the imminent trial

Ratio Decidendi

The summons for joinder was dismissed because Chen is not a necessary party under O.15 r.6(2)(b); his claimed rights will not be determined at the trial, joinder would be discretionary and would cause prejudice and disruption to the imminent trial, and receivership and res judicata principles mean joinder is unnecessary to bind or protect Chen's asserted interests.

Court Disposition

Summons dismissed (joinder application refused)

Orders

  • Chen Hongqing's summons to be joined as intervener or additional defendant is dismissed