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

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date13 December 2019
Neutral Citation[2019] HKCFI 3113
Year2019
Judgement NumberHCA2199/2019
Subject MatterCivil Action
CourtCourt of First Instance (Hong Kong)
HCA2199/2019 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

________________________

BETWEEN
深圳市星源城市能源開發有限公司 Plaintiff

and
South Asia Group (HK) Limited 1st Defendant
南亞集團(香港)有限公司
Haine International 2nd Defendant
Investment Consultants Limited
海納國際投資顧問有限公司
廈門力智合管理諮詢有限公司 3rd Defendant
廣州萬幣投資有限公司 4th Defendant
廣東金恒資產管理有限公司 5th Defendant

________________________

Before: Deputy High Court Judge Paul Lam SC in Chambers
Date of Hearing: 13 December 2019
Date of Ruling: 13 December 2019

________________________

R U L I N G

________________________

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.

(Paul Lam SC)
Deputy High Court Judge

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

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