Read the full judgment text of CAMP 58/2018 on BabelCite. This Court of Appeal judgment was delivered on 18 May 2018 before Hon Lam VP, Kwan JA.
Civil procedure – application for leave to appeal – interim interim injunctive relief – shareholders' meeting – refusal of first instance judge to grant interim interim relief – application to restrain exercise of voting rights and right to requisition meeting – interim interim relief as urgent temporary stop-gap measure – practical justice on balance of fairness – whether Court of Appeal should interfere with first instance decision on interim interim relief – strong thing for court to interfere with exercise of voting rights at corporate meeting – cautious approach required (Pringle v Callard; Re Chime Corp Ltd; H v H) – Court of Appeal would rarely interfere with first instance decision on grant or refusal of interim interim relief given short lifespan and high discretionary nature (NPYJ v SMRC) – judge entitled to form provisional view on arguability of plaintiff's case – multi-facet assessment with high discretionary margin on merit of plaintiff's case (Music Advance Ltd v Incorporated Owners of Argyle Centre) – new developments since first instance decision not suitable ground for leave to appeal – 13% beneficially owned shares subject to Mareva injunction – diminution of value argument insufficiently cogent – leave to appeal dismissed with costs summarily assessed at HK$678,500.
Legal issues: Whether leave to appeal should be granted against refusal of interim interim relief · Whether the first instance judge erred in assessing the merit of the plaintiffs' case in the interim interim context
Outcome: Application for leave to appeal dismissed with costs.
Cited by 42 cases · Cites 2 cases