TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS

TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS

The court has jurisdiction to grant post-judgment interlocutory injunctions ancillary to the administration of justice and should exercise that discretion to continue the interim injunction because the Defendants' proposed implementation of the Resolutions would unlawfully deplete tong property, breach fiduciary duties, pre-empt the oncoming appeal and render the earlier judgment and orders nugatory.

Citation
TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS
Parties
Plaintiffs: Plaintiffs (members of the 3rd fong); Defendants: 1st, 3rd and 4th Defendants; Counterclaim Defendants: Defendants by counterclaim; Counterclaim Plaintiffs: 1st, 3rd and 4th Plaintiffs by counterclaim
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 December 2007
Case Number
HCA331/2002
Procedural Posture
Civil Trust/fiduciary/injunction / Post Judgment Interlocutory Application Pending Appeal
Outcome
Interim injunction continued until disposal of the Appeal; costs ordered on indemnity basis
Legal Topics
Post Judgment Injunction, Chinese Customary Law, New Territories Ordinance, Breach of Fiduciary Duty, Costs Indemnity, Appeal
Source Language
EN
Trusts Fiduciary Duty Injunctions Customary Law Civil Procedure Post Judgment Injunction Chinese Customary Law New Territories Ordinance +3 more

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Parties

Plaintiffs (members of the 3rd fong)

Plaintiffs

1st, 3rd and 4th Defendants

Defendants

Defendants by counterclaim

Counterclaim Defendants

1st, 3rd and 4th Plaintiffs by counterclaim

Counterclaim Plaintiffs

Procedural Posture

Civil Trust/fiduciary/injunction / Post Judgment Interlocutory Application Pending Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to grant post-judgment interlocutory injunctions other than for enforcement of judgment
  2. 2 Whether the interim injunction should be continued until disposal of the appeal
  3. 3 Whether the Resolutions (reimbursement of costs, funding appeal, ratifying 2002 pai-ji) would infringe the Plaintiffs' rights and render the judgment nugatory

Ratio Decidendi

The court has jurisdiction to grant post-judgment interlocutory injunctions ancillary to the administration of justice and should exercise that discretion to continue the interim injunction because the Defendants' proposed implementation of the Resolutions would unlawfully deplete tong property, breach fiduciary duties, pre-empt the oncoming appeal and render the earlier judgment and orders nugatory.

Court Disposition

Interim injunction continued until disposal of the Appeal; costs ordered on indemnity basis

Orders

  • Defendants are restrained from implementing any of the Resolutions passed or purportedly passed at the Meeting on 26 August 2007 until disposal of the Appeal.
  • Costs order nisi that the Defendants shall pay the Plaintiffs' costs of the application forthwith to be taxed on an indemnity basis with certificate for two counsel.