Harbour Front Ltd v. Leung Yuet Keung and Another
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HCA1598/2008 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 1598 OF 2008 ----------------------
---------------------- Before : Mr Recorder Kwok SC in Chambers Date of Hearing : 29 August 2008 Date of Judgment : 29 August 2008 ---------------------- J U D G M E N T ---------------------- 1.The plaintiff applies for an injunction in terms of the amended summons at pages 41 to 43 of Bundle A. Injunction is an equitable remedy. The application is premised on a shareholders’ agreement dated 5 June 1990 at pages 41 to 42 of Bundle B. 2.In 2001 and 2002, the plaintiff petitioned in HCCW880/2001 and 246/2002 to wind up Money Facts Ltd and Fonfair Co. Ltd on the just and equitable ground. In the Judgment handed down on 2 February 2004 after trial, Madam Justice Kwan dismissed the petition, see in particular paragraphs 87, 88 and 106. 3.I am satisfied that this application is an abuse of process and the claim is frivolous or vexatious. In other words, there is no serious issue to be tried. I dismiss the summons at pages 16 to 19 and the amended summons at pages 39 to 47 of Bundle A.
Miss Catrina Lam, instructed by Messrs Tsang & Lee, for the Plaintiff Mr Francis Ip of Messrs Ho & Ip, for the 1st and 2nd Defendants |
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