U. K. PROLIFIC PETROLEUM GROUP COMPANY LTD v. 鑫都集團有限公司

U. K. PROLIFIC PETROLEUM GROUP COMPANY LTD v. 鑫都集團有限公司

The Court held it has jurisdiction under HCO s.55C and RHC O.50 rr.11-15 to accept and grant stop notices/orders in the present circumstances including where substantive proceedings are in foreign arbitration; Xindu has raised serious issues to be tried on whether the 2015 Memorandum binds UKPPGC, limitation, duress...

Source-derived case information.

Citation
[2025] HKCFI 4769
Parties
Plaintiff (hcmp 546/2024); 3rd Defendant (hcmp 630/2024): U. K. PROLIFIC PETROLEUM GROUP COMPANY LIMITED; Defendant (hcmp 546/2024); Plaintiff (hcmp 630/2024): 鑫都集團有限公司; 1st Defendant (hcmp 630/2024): CHINA ENERGY DEVELOPMENT HOLDINGS LIMITED (中國能源開發控股有限公司); 2nd Defendant (hcmp 630/2024): TRICOR TENGIS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 2025
Case Number
HCMP546/2024
Procedural Posture
Interlocutory Proceedings for Stop Notice/stop Order Under RHC O.50 With Related Originating Summonses and Arbitration in SCIA / Interim Applications and Reopened Hearings on Discharge of Stop Notice and Application for Stop Order; Interlocutory Judgment
Outcome
Stop Notice not discharged; Stop Order granted limited to 372,000,000 shares and CBs HK$103,928,000; Discharge OS dismissed subject to Xindu filing amended stop notice; Fortification Summons adjourned sine die; costs orders made including 25% disallowance of costs of unnotarized affidavits and costs otherwise in the...
Legal Topics
Stop Notice, Stop Order, Mareva Injunction, Proprietary Injunction, Jurisdiction to Grant Interim Relief, Interim Relief in Aid of Foreign Arbitration, Tracing of Proprietary Interests, Duress, Limitation
Source Language
en
Civil Procedure Equity Arbitration Conflict of Laws Company Law Injunctions Stop Notice Stop Order +7 more

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Parties

U. K. PROLIFIC PETROLEUM GROUP COMPANY LIMITED

Plaintiff (hcmp 546/2024); 3rd Defendant (hcmp 630/2024)

鑫都集團有限公司

Defendant (hcmp 546/2024); Plaintiff (hcmp 630/2024)

CHINA ENERGY DEVELOPMENT HOLDINGS LIMITED (中國能源開發控股有限公司)

1st Defendant (hcmp 630/2024)

TRICOR TENGIS LIMITED

2nd Defendant (hcmp 630/2024)

Procedural Posture

Interlocutory Proceedings for Stop Notice/stop Order Under RHC O.50 With Related Originating Summonses and Arbitration in SCIA / Interim Applications and Reopened Hearings on Discharge of Stop Notice and Application for Stop Order; Interlocutory Judgment

Legal Issues

  1. 1 Whether Hong Kong Court has jurisdiction to accept and enforce stop notices/orders under HCO s.55C and RHC O.50 rr.11-15 absent substantive domestic proceedings
  2. 2 Whether discretionary interim relief in the form of a stop order should be granted in the circumstances
  3. 3 Whether the January 2015 memorandum is binding on UKPPGC

Ratio Decidendi

The Court held it has jurisdiction under HCO s.55C and RHC O.50 rr.11-15 to accept and grant stop notices/orders in the present circumstances including where substantive proceedings are in foreign arbitration; Xindu has raised serious issues to be tried on whether the 2015 Memorandum binds UKPPGC, limitation, duress and proprietary entitlement and accordingly the Stop Notice should not be discharged; a stop order is granted but limited in scope to 372,000,000 issued shares and convertible bonds with principal amount HK$103,928,000, with leave to amend the stop notice and stop order pleadings within 14 days; fortification summons adjourned sine die and specified costs orders made.

Court Disposition

Stop Notice not discharged; Stop Order granted limited to 372,000,000 shares and CBs HK$103,928,000; Discharge OS dismissed subject to Xindu filing amended stop notice; Fortification Summons adjourned sine die; costs orders made including 25% disallowance of costs of unnotarized affidavits and costs otherwise in the...

Orders

  • Leave granted to 鑫都集團有限公司 to file and serve within 14 days an amended stop notice stating securities as (i) 372,000,000 issued shares held by U. K. Prolific Petroleum Group Company Limited and (ii) convertible bonds with principal amount HK$103,928,000 held by U.K. Prolific Petroleum Group Company Limited
  • Subject to compliance with the foregoing, HCMP 546/2024 (Discharge OS) is dismissed