Hong Kong Case Law: Decisions & Judgments

Topic

Proprietary claim to shares

Legal area

Court

18 Dec 2018

ZHANG YAN YIN v. KORCHINA CULTURE INVESTMENT LTD AND OTHERS

Citation

[2018] HKCFI 2764
Court

Court of First Instance
Case number

HCA30/2018

The summons for an interim injunction was dismissed because Zhang demonstrated inordinate and unjustified delay amounting to abuse of process, failed to show irreparable harm or necessity for interlocutory relief (existing injunctions and undertakings protected the assets), and his prior abandonment/default judgment and the MP Judgment undermined any proprietary claim to the AF shares such that injunction was not warranted; accordingly costs were awarded to the defendants.
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

HCA939/2015

The joinder application was refused because Chen is not necessary to ensure the effective and complete determination of the matters in dispute under O15 r6(2)(b); even if the rule applied joinder is discretionary and would be refused due to undue prejudice and disruption to an imminent trial, overlapping interests with existing plaintiffs' representatives, the receivership which precludes transfers without receiver involvement, and alternative remedies available to Chen.
31 Jul 2013

PIONEER IRON AND STEEL GROUP CO LTD (IN LIQUIDATION IN THE BVI) v. CHEN NINGNING AND OTHERS

Citation

PIONEER IRON AND STEEL GROUP CO LTD (IN LIQUIDATION IN THE BVI) v. CHEN NINGNING AND OTHERS
Court

Court of First Instance
Case number

HCMP1827/2013

The Court of Appeal allowed the ex parte appointment of an interim receiver to preserve the status quo over the contested PMC Shares because the plaintiff pursued a proprietary claim, confidentiality and enforcement difficulties in the PRC made damages potentially inadequate, and the appeal court's role under Order 59 rule 14(3B) is confined to re‑considering ex parte relief and its terms rather than deciding inter partes merits.
30 Nov 2012

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
Court

Court of Appeal
Case number

CACV158/2012

The Court refused the plaintiff's application to re-grant the interlocutory injunction because the plaintiff changed its case on appeal to assert a proprietary claim after having elected damages at trial (concession by senior counsel on instructions), the prospects of success on the newly asserted proprietary claim were not shown to be strong, and the appeal was not shown to be rendered nugatory without the injunction; the summons was dismissed but a 14-day extension of the stay of execution of the trial judge's orders was granted.
31 Oct 2003

PANCO INDUSTRIAL HOLDINGS LTD v. DING PENG AND OTHERS

Citation

PANCO INDUSTRIAL HOLDINGS LTD v. DING PENG AND OTHERS
Court

Court of First Instance
Case number

HCCL98/1995

The application to amend or to grant a fresh injunction substituting SFC for SCICL was refused. Although a good arguable case existed, the court exercised its discretion against relief because (i) the balance of convenience favored non-intervention given the real and substantial risk of severe harm to the market, innocent shareholders and creditors of an overseas listed company holding a 34.5% block, (ii) the ten-year delay and materially changed circumstances since the original 1993 order, and (iii) the proposed cross-undertaking (even if fortified) was inadequate to offset likely losses; ac…
31 Oct 2003

PROSPERFIELD VENTURES LTD v. TRIPOLE TRADING LTD AND OTHERS

Citation

PROSPERFIELD VENTURES LTD v. TRIPOLE TRADING LTD AND OTHERS
Court

Court of First Instance
Case number

HCA5370/1993

Refusal of the application: although a good arguable case existed, the balance of convenience disfavors injunctive relief because granting an order against a major holding in an overseas listed company (SFC) would cause real and substantial harm to third parties and the market, the circumstances have materially changed over ten years, delay/laches are significant, and the offered cross‑undertaking is inadequate.

Hong Kong Case Law

ZHANG YAN YIN v. KORCHINA CULTURE INVESTMENT LTD 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

PIONEER IRON AND STEEL GROUP CO LTD (IN LIQUIDATION IN THE BVI) v. CHEN NINGNING AND OTHERS

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

PANCO INDUSTRIAL HOLDINGS LTD v. DING PENG AND OTHERS

PROSPERFIELD VENTURES LTD v. TRIPOLE TRADING LTD AND OTHERS