Read the full judgment text of HCMP 1251/2020 on BabelCite. This Court of First Instance judgment was delivered on 26 November 2021 before Victor Dawes SC.
Civil procedure – consolidation and hearing together – Order 4, rule 9 and Order 1B, rule 1 of the Rules of the High Court (Cap 4A) – Companies Ordinance (Cap 622) s.42 – removal of impugned documents from Companies Register – interim injunction – Companies Ordinance (Cap 622) s.566 – common questions of law and fact – beneficial ownership dispute – same transaction – two competing shareholder factions over control of Hong Kong company holding 75% of shares in Mainland joint ventures – 30% shareholding transferred from Longrigg to SL Chan in 2016 and partly to Smart Forever in 2017 – disputed directors' appointments at 28 October 2019 meeting – self-help resolutions – Disputed Documents filed at Companies Registry – whether 1251 Proceedings (section 42 application) and 787 Proceedings (beneficial ownership claim) should be heard together – court has wide and unfettered discretion – objective is to save time and costs and avoid piecemeal resolution – both proceedings relate to same fundamental dispute over ownership of Subject 30% Shareholding – common issues include validity of 2016 and 2017 Transfers and beneficial ownership of Daya Bay – identical legal representatives acting in same capacity – no added prejudice from hearing together – status quo maintained by undertakings from Daya Bay Camp not to act on behalf of Company – whether interim injunction should be granted to restrain exercise of shareholder rights and dealings with Joint Ventures – summons is otiose once proceedings are heard together – no risk of self-help resolutions being set aside before hearing – not appropriate to appoint interim receivers – Heard Together Summonses granted – HCMP 1251/2020 adjourned to be heard together with HCMP 787/2020 with one day reserved – Daya Bay to file affirmations in reply within 28 days and apply to join Longrigg and High Tower as respondents within 28 days – no order as to costs on nisi basis – Interim Injunction Summons dismissed
Legal issues: Whether HCMP 1251/2020 and HCMP 787/2020 should be heard together or consolidated · Whether the Interim Injunction Summons should be granted
Outcome: The Heard Together Summonses are granted; HCMP 1251/2020 is adjourned to be heard together with HCMP 787/2020. The Interim Injunction Summons is dismissed.
Cited by 18 cases · Cites 6 cases