Your World of Legal Intelligence
 Hong Kong | 1-800-335-6202

China Shanshui Cement Group Ltd And Others v Zhang Caikui And Others

Judgment Cited authorities 6 Cited in 14 Precedent Map Related
Vincent
Judgment Date19 July 2018
Neutral Citation[2018] HKCA 409
Judgement NumberCAMP58/2018
Subject MatterMiscellaneous Proceedings
CourtCourt of Appeal (Hong Kong)
CAMP58/2018 CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS v. ZHANG CAIKUI AND OTHERS

CAMP 58/2018

[2018] HKCA 409

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 58 OF 2018

(ON AN INTENDED APPEAL FROM HCA NO 2880 OF 2015)

_________________________________

BETWEEN
CHINA SHANSHUI CEMENT GROUP LIMITED (中國山水水泥集團有限公司) 1st Plaintiff
CHINA SHANSHUI CEMENT GROUP (HONG KONG) COMPANY LIMITED (中國山水水泥集團(香港)有限公司) 2nd Plaintiff
CHINA PIONEER CEMENT (HONG KONG) COMPANY LIMITED 3rd Plaintiff
SHANDONG SHANSHUI CEMENT GROUP COMPANY LIMITED (山東山水水泥集團有限公司) 4th Plaintiff
and
ZHANG CAIKUI (張才奎) 1st Defendant
ZHANG BIN (張斌) 2nd Defendant
LI CHEUNG HUNG (李長虹) 3rd Defendant
CHANG ZHANGLI (常張利) 4th Defendant
WU LING-LING (also known as DORIS WU) (吳玲綾) 5th Defendant
LEE KUAN-CHUN (also known as CHAMPION LEE) (李冠軍) 6th Defendant
ZENG XUEMIN (曾學敏) 7th Defendant
SHEN BING (沈平) 8th Defendant
CHINA NATIONAL BUILDING (中國建材股份有限公司) 9th Defendant
ASIA CEMENT CORPORATION (亞洲水泥股份有限公司) 10th Defendant

_________________________________

Before: Hon Lam VP and Kwan JA in Court
Date of Hearing: 18 May 2018
Date of Judgment: 18 May 2018
Date of Reasons for Judgment and Decision on Costs: 19 July 2018

_________________________________

REASONS FOR JUDGMENT AND
DECISION ON COSTS

_________________________________

Hon Lam VP (giving the Reasons for Judgment and Decision on costs of the Court):

1. This is an application for leave to appeal against the decision of Deputy High Court Judge Keith Yeung SC on 3 May 2018 refusing to grant interim interim relief to the Plaintiffs. The relief was sought by way of interim interim arrangement pending the hearing of the application for appointment of interim receivers and managers of 361,096 shares in China Shanshui Investment Co Ltd [“CSI”]. As formulated before the judge, the interim interim relief basically sought to prevent a shareholders’ meeting being held pursuant to a requisition by the 1st Defendant for appointment and removal of directors in CSI. At that time, a meeting was scheduled to be held on Tuesday 8 May 2018.

2. The history of the matter has been set out in great details by the learned judge and we would not repeat the same in this judgment.

3. The substantive hearing for the appointment of interim receiver has been adjourned and we are given to understand no date for the hearing has yet been fixed. The judge will hear another application for the appointment of interim receivers in HCA 2648/2017 in respect of a parcel of shares in CSI (the action was brought by another party Chen Hongqing) on 30 to 31 May 2018.

4. Application for appointment of interim receiver should be heard promptly. Whatever may be the reasons for dates not yet being fixed for the Plaintiffs’ application, it is difficult to envisage an appeal (if leave were granted) could be heard prior to the disposal of that hearing.

5. The Plaintiffs sought leave to appeal against the refusal of interim interim relief and leave was refused by the judge in the afternoon of 4 May 2018.

6. The Plaintiffs renewed the application for leave to appeal to this Court and sought interim interim injunctive relief before us on an urgent basis as the meeting in question was scheduled to be held on 8 May 2018.

7. As the papers of the case were only placed before us in the late Friday afternoon of 4 May 2018 after office hours, we arranged for a hearing in the Monday afternoon of 7 May 2018. Given other judicial commitments of members of this Court and the limited time for the preparation of this matter, we indicated to counsel at the hearing on 7 May 2018 that we would entertain the application for interim interim application for injunction pending our consideration if leave to appeal should be granted. We indicated that we were minded to hear the leave application on 18 May 2018.

8. After hearing Mr Joffe (appearing together with Ms Lam and Mr Chen for the Plaintiffs) on 7 May 2018, we refused to grant interim interim injunction as counsel failed to persuade us that it was appropriate to grant injunction regarding the exercise of right to requisition meeting and to vote at such meeting in respect of shares not beneficially owned by the 1st Defendant.

9. After that decision, Mr Joffe asked for time to consider if the Plaintiffs would proceed with the application for leave. On 8 May 2018, solicitors for the Plaintiffs wrote to the Court indicating that they would proceed with the application for leave on 18 May.

10. As it turned out, the meeting of 8 May 2018 was aborted due to the rejection of some proxies by the chairman of the meeting. With such rejection, there...

To continue reading

Request your trial
14 cases
  • Symphony Partners Ltd And Others v Fullerton Bay Investment Ltd And Others
    • Hong Kong
    • Court of Appeal (Hong Kong)
    • 13 de agosto de 2018
    ...interim relief pending the determination of the leave application, see the recent case of China Shanshui Cement Group Ltd v Zhang Caikui [2018] HKCA 409 at [5]. That decision was made on 18 May 2018 though the reasons for judgment were only handed down on 19 July 2018, and hence was not ref......
  • Tsang Wing Kwai v Tsang Wing Fai
    • Hong Kong
    • Court of Appeal (Hong Kong)
    • 26 de outubro de 2018
    ...respect, Mr Ho relied on a line of recent authorities: NPYJ v SMRC [2018] 1 HKLRD 573; China Shanshui Cement Group Ltd v Zhang Caikui [2018] HKCA 409; Symphony Partners Ltd v Fullerton Bay Investment Ltd [2018] HKCA 15. In our judgment, for the following reasons, the proper approach in the ......
  • Asia Pacific Infrastructure Investment Fund, Lp v Keyway Holdings Ltd
    • Hong Kong
    • Court of First Instance (Hong Kong)
    • 31 de agosto de 2018
    ...relief, I refer to the recent decision of the Court of Appeal in China Shanshui Cement Group Limited & Others v Zhang Caikui & Others [2018] HKCA 409 (19 July 2018), where Hon Lam VP observed at paragraphs 13 to 16 that the test to be applied is one of balance of fairness. When applying the......
  • 深圳市星源城市能源開發有限公司 v South Asia Group (Hk) Ltd And Others
    • Hong Kong
    • Court of First Instance (Hong Kong)
    • 13 de dezembro de 2019
    ...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 “...interim interim relief is meant to be an urgent temporary stop-gap measure and the circumstances were such that the court ......
    • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT