Zhi Charles v. Kim Young Jun and Others

Case No.HCA 1754/2015
Court
High Court CFI
Date07 Aug 2015
Judge
Case Document
100%

HCA 1754/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1754 OF 2015

____________

BETWEEN
  ZHI CHARLES Plaintiff
and
  KIM YOUNG JUN 1st Defendant
  CHOI SUNG MIN 2nd Defendant
  LIM HOSOK 3rd Defendant
  JANG SAMKI 4th Defendant
  HONG SANG JUN 5th Defendant
  PANG KWANG TING 6th Defendant
  CORDIA GLOBAL LIMITED 7th Defendant
  GOLDWYN MANAGEMENT LIMITED 8th Defendant
  ACME PERFECT LIMITED 9th Defendant
  FIRST GLORY LIMITED 10th Defendant
  LUCREZIA LIMITED 11th Defendant
  TOKEN CENTURY LIMITED 12th Defendant
  DAILY LOYAL LIMITED 13th Defendant
  PIONEER CENTRE LIMITED 14th Defendant
  MASTER IMPACT LIMITED 15th Defendant
  SKYLINE MERIT LIMITED 16th Defendant
  KEYSTONE GLOBAL LIMITED 17th Defendant
  SIBERIAN MINING GROUP COMPANY LIMITED 18th Defendant

____________

Before: Hon L Chan J in Chambers
Date of Hearing: 7 August 2015
Date of Decision: 7 August 2015

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DECISION
_____________

1.The resumption notice was published on 22 April 2015. Nothing in reliance on that can be urgent.

2.On dissipation, Mr Zhi accepts that he has no locus standi.  Furthermore, he has given no information on how he had learned that there will be dissipation of shares of D18 shortly. 

3.He also wants to stop the defendants from voting their shares at the AGM on 4 September 2015.  He says that the shareholders could be asked to vote for the reappointment of the Board.  I think if the Board is to continue, then there is no urgent problem.  If the Board is problematic, it has been so since its appointment in February 2015.

4.Mr Zhi also says that the AGM will approve the audited report, but if the report is wrong, the approval will not make it right. 

5.Mr Zhi has also reported his complaints to the Hong Kong Stock Exchange (“HKSE”).  He says that the HKSE is investigating the matter.  If there is any urgency, I am sure the HKSE would have acted already.

6.Since there is no urgency and Mr Zhi has admitted his want of locus standi, I dismiss the injunction.  I also order him to pay the costs of D3, 4, 5 and 18.

(Louis Chan)
Judge of the Court of First Instance
High Court

The plaintiff appeared in person

Ms Roberta Chan, of Baker & McKenzie, for the 3rd to 5th and 18th defendants

The 1st, 2nd and 6th to 17th defendants were not represented and did not appear

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