Hong Kong Case Law: Decisions & Judgments

Topic

Intervener

Legal area

Court

16 Mar 2018

SECURITIES AND FUTURES COMMISSION v. MO SHAU WAH AND OTHERS

Citation

[2018] HKCFI 596
Court

Court of First Instance
Case number

HCA353/2013

The Company was joined as a limited intervener because it has an arguable proprietary interest in the frozen securities and therefore a question connected with the restorative relief arises between it, SFC and the defendants; the First Limb did not apply but the Second Limb and considerations of justice and convenience warranted limited joinder to receive notice of any variation applications to the Injunction Order.
10 Nov 2017

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Citation

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCA1766/2014

The joinder application was refused because Chen's presence was not necessary to the effectual adjudication of matters in dispute under O 15 r 6(2)(b), his asserted claims would not be tried in the present action, he would in any event be bound as successor in title if his acquisition were valid, the claimed interests are subject to receivership which prevents independent transfers, and the late application would cause prejudice and disruption to an imminent trial; accordingly the discretion to allow joinder was exercised to refuse relief.
3 Feb 2017

SHING HO WA, A MENTALLY INCAPACITATED PERSON BY HIS MOTHER AND NEXT FRIEND, LAM WAI FONG v. REALLY SUPER LTD (FORMERLY KNOWN AS BRUCE LAW STUNTS LTD) CREATIVE ENT LTD AND ANOTHER

Citation

SHING HO WA, A MENTALLY INCAPACITATED PERSON BY HIS MOTHER AND NEXT FRIEND, LAM WAI FONG v. REALLY SUPER LTD (FORMERLY KNOWN AS BRUCE LAW STUNTS LTD) CREATIVE ENT LTD AND ANOTHER
Court

District Court
Case number

DCEC2437/2015

The court exercised its discretion under the District Court Ordinance and rules, found the intervener's joinder premature and unnecessary, determined there was no reason to depart from the ordinary rule that costs follow the event, and therefore made the costs order nisi absolute ordering the intervener to pay the applicant's costs on a common fund basis.
8 May 2008

CHINA MINSHENG BANKING CORP. LTD v. DICHAIN HOLDINGS LTD

Citation

CHINA MINSHENG BANKING CORP. LTD v. DICHAIN HOLDINGS LTD
Court

Court of First Instance
Case number

HCCT34/2007

Clause 6(b) constituted at most an agreement to pledge and, absent delivery/attornment or a present right to have the shares made available, no legal or equitable security interest was created; accordingly the Bank's charging order should be made absolute and the summary judgment obtained by the plaintiffs (procured without disclosure of existing orders) should be set aside and the Bank's Order 14 appeal allowed.
19 Nov 2007

MOK LAI CHUN v. EVERWISE INVESTMENT LTD AND ANOTHER

Citation

MOK LAI CHUN v. EVERWISE INVESTMENT LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV323/2006

Given the solicitors' repeated advice to the client and that they acted on his instructions, there was no evidence of professional misconduct sufficient to satisfy the stringent test in RHC Order 62 Rule 8; accordingly solicitors were not ordered to pay costs personally and no order was made on costs of the show cause proceedings.

Hong Kong Case Law

SECURITIES AND FUTURES COMMISSION v. MO SHAU WAH AND OTHERS

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

SHING HO WA, A MENTALLY INCAPACITATED PERSON BY HIS MOTHER AND NEXT FRIEND, LAM WAI FONG v. REALLY SUPER LTD (FORMERLY KNOWN AS BRUCE LAW STUNTS LTD) CREATIVE ENT LTD AND ANOTHER

CHINA MINSHENG BANKING CORP. LTD v. DICHAIN HOLDINGS LTD

MOK LAI CHUN v. EVERWISE INVESTMENT LTD AND ANOTHER