深圳市星源城市能源開發有限公司 v. South Asia Group (HK) Ltd and Others

HCA 2199/2019

[2019] HKCFI 3113

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2199 OF 2019

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R U L I N G

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1.These are my very brief reasons for declining to grant an interim interim injunction today. As a matter of principle, as the Court of Appeal held in the China Shanshui Cement Group Ltd case [2018] HKCA 409, at paragraph 13:

“...interim interim relief is meant to be an urgent temporary stop-gap measure and the circumstances were such that the court has to do practical justice on the balance of fairness even though it may not have sufficient time to consider the matter fully…”

2.In this particular case, first, I am not satisfied, as the matter stands, that there are serious issues to be tried and, more importantly, on the evidence, I am not satisfied that there is sufficient evidence to suggest a real risk that there will be further allotment of the shares in the 1st defendant. 

3.In the circumstances, I do not see any urgency as such which requires the grant of an interim interim injunction pending the hearing of the injunction application.

Ms Tara Liao, instructed by Chow & Cheung, for the plaintiff

Mr Adrian Lai, instructed by F Zimmern & Co, for the 1st defendant

Mr Gary Lam Chin-ching, instructed by Dennis Fong & Co, for the 2nd to 5th defendants