17 Sept 2021
ZPMC OFFSHORE SERVICE CO LTD (Formerly known as SHANGHAI ZHENHUA HEAVY INDUSTRIES SHIPPING CO LTD) v. PHILIP JEFFREY ADKINS AND OTHERS
- Citation
- [2021] HKCFI 2660
- Court
- Court of First Instance
- Case number
- HCMP426/2017
The originating summons (HCMP 426/2017) failed to disclose a cause of action under Division 3 because it did not plead the specific fiduciary breaches relied on nor how ZPMC’s interests qua member were affected; accordingly HCMP 426/2017 is struck out and the interim Order discharged. Given that finding and the age, limited utility and largely technical character of the alleged breaches, leave for committal was set aside and the contempt originating summons dismissed as disproportionate and an abuse of process.