NG YAT CHI AND ANOTHER v. CHINA RESOURCES (HOLDINGS) CO LTD AND OTHERS

NG YAT CHI AND ANOTHER v. CHINA RESOURCES (HOLDINGS) CO LTD AND OTHERS

The court held the claim by Ng (and materially by Choy) fell within the wide formulation of the Court of Final Appeal's RPO and, on analysis, was an attempt to re-litigate the validity of the 1992 share capital increase or was otherwise abusive and not arguably meritorious; accordingly permission under the RPO was refused, the claim by Ng dismissed, Choy's pleading struck out and restricted proceedings orders made against both, with an indemnity costs order nisi to defendants.

Citation
NG YAT CHI AND ANOTHER v. CHINA RESOURCES (HOLDINGS) CO LTD AND OTHERS
Parties
1st Plaintiff: Ng Yat Chi; 2nd Plaintiff: Choy Bing Wing; 1st Defendant: China Resources (Holdings) Company Limited; 2nd Defendant: Max Share Limited; 3rd Defendant: China Resources Enterprises Limited; 4th Defendant: Securities and Futures Commission
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2005
Case Number
HCA424/2005
Procedural Posture
Civil Action / Judgment (permission Refused; Strike Out; Restricted Proceedings Orders)
Outcome
Permission refused for Ng; Ng's claim dismissed; Choy's statement of claim struck out and his claim dismissed; restricted proceedings orders made against both Ng and Choy; costs to defendants on indemnity basis subject to taxation; costs order nisi issued
Legal Topics
Restricted Proceedings Order, Grepe V Loam Order, Res Judicata, Issue Estoppel (yat Tung), Abuse of Process, Striking Out on Court's Own Motion, Leave to Commence Proceedings
Source Language
EN
Civil Procedure Company Law Equity and Trusts Securities Regulation Restricted Proceedings Order Grepe V Loam Order Res Judicata Issue Estoppel (yat Tung) +3 more

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Parties

Ng Yat Chi

1st Plaintiff

Choy Bing Wing

2nd Plaintiff

China Resources (Holdings) Company Limited

1st Defendant

Max Share Limited

2nd Defendant

China Resources Enterprises Limited

3rd Defendant

Securities and Futures Commission

4th Defendant

Procedural Posture

Civil Action / Judgment (permission Refused; Strike Out; Restricted Proceedings Orders)

Legal Issues

  1. 1 Whether the present action falls within the RPO class in FACV 5/2004
  2. 2 Whether leave/permission should be granted for proceedings captured by the RPO
  3. 3 Whether the claim is an impermissible re-litigation or otherwise abusive

Ratio Decidendi

The court held the claim by Ng (and materially by Choy) fell within the wide formulation of the Court of Final Appeal's RPO and, on analysis, was an attempt to re-litigate the validity of the 1992 share capital increase or was otherwise abusive and not arguably meritorious; accordingly permission under the RPO was refused, the claim by Ng dismissed, Choy's pleading struck out and restricted proceedings orders made against both, with an indemnity costs order nisi to defendants.

Court Disposition

Permission refused for Ng; Ng's claim dismissed; Choy's statement of claim struck out and his claim dismissed; restricted proceedings orders made against both Ng and Choy; costs to defendants on indemnity basis subject to taxation; costs order nisi issued

Orders

  • Permission pursuant to paragraph 8 of the RPO refused; claim by Ng against defendants dismissed
  • A restricted proceedings order made against Ng in terms of paragraphs 3-10 of the RPO with amendment to cover all new proceedings commenced by Ng whether sole plaintiff or co-plaintiff and including HCA 424/2005