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

Semk Products (Holdings) Ltd v Oj Vc Ltd

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date25 November 2020
Neutral Citation[2020] HKCFI 3000
Year2020
Judgement NumberHCMP1846/2020
Subject MatterMiscellaneous Proceedings
CourtCourt of First Instance (Hong Kong)
HCMP1846/2020 SEMK PRODUCTS (HOLDINGS) LTD v. OJ VC LTD

HCMP 1846/2020

[2020] HKCFI 3000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1846 OF 2020

______________

IN THE MATTER of Section 41 of the High Court Ordinance (Cap 4)

and
IN THE MATTER of Order 24 Rule 7A(1) of the Rules of High Court (Cap 4A)

______________

BETWEEN
SEMK PRODUCTS (HOLDINGS) LIMITED Applicant

and
OJ VC LIMITED Respondent

______________

Before: Hon K Yeung J in Chambers
Date of Hearing: 25 November 2020
Date of Decision: 25 November 2020

______________

DECISION

______________

1. This is the hearing of the Originating Summons taken out by the Applicant against the Respondent for pre‑action discovery.

2. I have read the affirmation of service of Leung Pak Kwan. I am satisfied that the Originating Summons together with the affirmation in support of Mr Hui Ha Lam have validly been served upon the Respondent. The Respondent has filed no Acknowledgement of Service.

3. The Applicant’s case in summary is as follows:

(a) the Applicant and inter alios the Respondent (as the Investor) on 28 March 2013 entered into a Deed of Grant of Share Warrant (the “Deed”);

(b) pursuant to the Deed, the Applicant has issued inter alia some Share Warrants (the “Share Warrants”) to the Respondent;

(c) some of those Share Warrants have been exercised and converted into shares (the “Shares”);

(d) the Respondent has at some stage, on more than one occasions and without the Applicant’s consent transferred away or otherwise divested itself of some of those Share Warrants and Shares. Those Share Warrants and Shares have become involved in 2 actions before the Court of First Instance, being HCA 985/2019 and HCA 1177/2020;

(e) there is an issue as to whether certain non‑assignment terms in the Deed prohibit the Respondent from so doing;

(f) the Applicant seeks by way of pre‑action discovery by the Respondent of, amongst other things, documents and information relating to its dealings relating to the Share Warrants and Shares and the persons involved.

4. On the relevant principles on pre‑action discovery, I have been cited Zhang Shouen v Standard Chartered Bank (Hong Kong) Limited, unrep, HCMP 682/2015, 15 October 2015, which I...

To continue reading

Request your trial

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