WINGAMES INVESTMENTS LTD AND ANOTHER v. MASCOT LAND LTD AND OTHERS

WINGAMES INVESTMENTS LTD AND ANOTHER v. MASCOT LAND LTD AND OTHERS

Leave to appeal was refused because the plaintiff failed to show a reasonable prospect of success on its proposed grounds: the alleged new evidence had been considered or failed to meet the Ladd v Marshall test, the challenges to findings (including place of central management) were not particularised, and there was no demonstrated error in the judge's exercise of discretion.

Citation
WINGAMES INVESTMENTS LTD AND ANOTHER v. MASCOT LAND LTD AND OTHERS
Parties
1st Plaintiff: WINGAMES INVESTMENTS LIMITED; 2nd Plaintiff: CHINA HEALTHCARE HOLDINGS LIMITED; 3rd Plaintiff: CHC INVESTMENT HOLDINGS LIMITED; 1st Defendant: MASCOT LAND LIMITED; 2nd Defendant: CHINA ZHONGFU INDUSTRY CO LTD; 3rd Defendant: SHANGHAI ZHONGFU INTERNATIONAL TRADING CO LTD; 4th Defendant: ANHUI ANHE INVESTMENT CONSULTING CO LTD; 5th Defendant: WANG JISHENG; 6th Defendant: GE QIANSONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2012
Case Number
HCA907/2011
Procedural Posture
High Court Action No 907 of 2011 / Application for Leave to Appeal Against Order for Security for Costs (interlocutory)
Outcome
Application for leave to appeal refused
Legal Topics
Security for Costs, Leave to Appeal, Admission of Fresh Evidence, Place of Central Management and Control, Exercise of Judicial Discretion
Source Language
EN
Civil Procedure Commercial Law Company Law Security for Costs Leave to Appeal Admission of Fresh Evidence Place of Central Management and Control Exercise of Judicial Discretion

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Parties

WINGAMES INVESTMENTS LIMITED

1st Plaintiff

CHINA HEALTHCARE HOLDINGS LIMITED

2nd Plaintiff

CHC INVESTMENT HOLDINGS LIMITED

3rd Plaintiff

MASCOT LAND LIMITED

1st Defendant

CHINA ZHONGFU INDUSTRY CO LTD

2nd Defendant

SHANGHAI ZHONGFU INTERNATIONAL TRADING CO LTD

3rd Defendant

ANHUI ANHE INVESTMENT CONSULTING CO LTD

4th Defendant

WANG JISHENG

5th Defendant

GE QIANSONG

6th Defendant

Procedural Posture

High Court Action No 907 of 2011 / Application for Leave to Appeal Against Order for Security for Costs (interlocutory)

Legal Issues

  1. 1 Whether the plaintiff has a reasonable prospect of success to obtain leave to appeal against the order for security for costs
  2. 2 Whether the judge erred in refusing permission to file the 7th Affirmation and 8th Affirmation evidence
  3. 3 Whether the 8th Affirmation meets the Ladd v Marshall test for fresh evidence

Ratio Decidendi

Leave to appeal was refused because the plaintiff failed to show a reasonable prospect of success on its proposed grounds: the alleged new evidence had been considered or failed to meet the Ladd v Marshall test, the challenges to findings (including place of central management) were not particularised, and there was no demonstrated error in the judge's exercise of discretion.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused
  • Original order for security for costs of HK$2.4 million to be provided within 28 days (failing which proceedings shall be stayed) remains in force