CHINA METAL RECYCLING (HOLDINGS) LTD (in Provisional Liquidation) AND ANOTHER v. CHUN CHI WAI AND OTHERS

CHINA METAL RECYCLING (HOLDINGS) LTD (in Provisional Liquidation) AND ANOTHER v. CHUN CHI WAI AND OTHERS

The 1st and 13th defendants failed to fully and properly comply with the Chan Order as written; the Chan Order was sufficiently clear; there was no reasonable prospect of success on appeal; there was no basis to vary the injunction to retrospectively sanction the loan; and the costs order nisi was fair — accordingly both summonses are dismissed with costs to the plaintiffs.

Citation
CHINA METAL RECYCLING (HOLDINGS) LTD (in Provisional Liquidation) AND ANOTHER v. CHUN CHI WAI AND OTHERS
Parties
1st Plaintiff: CHINA METAL RECYCLING (HOLDINGS) LIMITED (in Provisional Liquidation); 2nd Plaintiff: CENTRAL STEEL (MACAO COMMERCIAL OFFSHORE) LIMITED (in Provisional Liquidation); 1st Defendant: CHUN CHI WAI; 2nd Defendant: LAI WUN YIN; 3rd Defendant: LANE TONE (H.K.) MATERIAL LIMITED; 4th Defendant: JASON METAL RECYCLE CORP; 5th Defendant: CHEUNG FAT METAL RECYCLING COMPANY LIMITED; 6th Defendant: QI LE METAL RECYCLING CO; 7th Defendant: METALLURGICAL INDUSTRY LIMITED; 8th Defendant: HOI CHEUNG METAL RECYCLING LIMITED; 9th Defendant: CHAK KWAN METAL RECYCLING LIMITED; 10th Defendant: PACIFIC METAL RECYCLE LIMITED; 11th Defendant: HEALTHY WORLD TRADING LTD; 12th Defendant: GOLD DRAGON INTERNATIONAL LOGISTICS LTD; 13th Defendant: WELLRUN LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 2015
Case Number
HCA1412/2013
Procedural Posture
High Court Action (civil Mareva Injunction and Tracing) / Chambers Decision on Summonses for Leave to Appeal and Variation of Costs
Outcome
Both summonses dismissed with costs to the plaintiffs
Legal Topics
Unless Order, Leave to Appeal, Variation of Injunction, Costs Order Nisi, Clarity of Court Order, Compliance With Order
Source Language
EN
Civil Procedure Injunctions Appeal Costs Disclosure/complying With Court Orders Unless Order Leave to Appeal Variation of Injunction +3 more

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Parties

CHINA METAL RECYCLING (HOLDINGS) LIMITED (in Provisional Liquidation)

1st Plaintiff

CENTRAL STEEL (MACAO COMMERCIAL OFFSHORE) LIMITED (in Provisional Liquidation)

2nd Plaintiff

CHUN CHI WAI

1st Defendant

LAI WUN YIN

2nd Defendant

LANE TONE (H.K.) MATERIAL LIMITED

3rd Defendant

JASON METAL RECYCLE CORP

4th Defendant

CHEUNG FAT METAL RECYCLING COMPANY LIMITED

5th Defendant

QI LE METAL RECYCLING CO

6th Defendant

METALLURGICAL INDUSTRY LIMITED

7th Defendant

HOI CHEUNG METAL RECYCLING LIMITED

8th Defendant

CHAK KWAN METAL RECYCLING LIMITED

9th Defendant

PACIFIC METAL RECYCLE LIMITED

10th Defendant

HEALTHY WORLD TRADING LTD

11th Defendant

GOLD DRAGON INTERNATIONAL LOGISTICS LTD

12th Defendant

WELLRUN LIMITED

13th Defendant

Procedural Posture

High Court Action (civil Mareva Injunction and Tracing) / Chambers Decision on Summonses for Leave to Appeal and Variation of Costs

Legal Issues

  1. 1 Whether leave to appeal should be granted against the chambers decision giving an unless order
  2. 2 Whether the 1st and 13th defendants breached the order of L Chan J dated 9 April 2014
  3. 3 Whether the Chan Order was insufficiently clear to support an unless order

Ratio Decidendi

The 1st and 13th defendants failed to fully and properly comply with the Chan Order as written; the Chan Order was sufficiently clear; there was no reasonable prospect of success on appeal; there was no basis to vary the injunction to retrospectively sanction the loan; and the costs order nisi was fair — accordingly both summonses are dismissed with costs to the plaintiffs.

Court Disposition

Both summonses dismissed with costs to the plaintiffs

Orders

  • 1st and 13th defendants' summons for leave to appeal dismissed with costs to the plaintiffs
  • 1st defendant's summons to vary the costs order nisi dismissed with costs to the plaintiffs