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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
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| BETWEEN |
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深圳市星源城市能源開發有限公司 |
Plaintiff |
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and
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South Asia Group (HK) Limited |
1st Defendant |
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南亞集團(香港)有限公司 |
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Haine International |
2nd Defendant |
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Investment Consultants Limited |
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海納國際投資顧問有限公司 |
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廈門力智合管理諮詢有限公司 |
3rd Defendant |
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廣州萬幣投資有限公司 |
4th Defendant |
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廣東金恒資產管理有限公司 |
5th Defendant |
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| Before: |
Deputy High Court Judge Paul Lam SC in Chambers |
| Date of Hearing: |
13 December 2019 |
| Date of Ruling: |
13 December 2019 |
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R U L I N G
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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.
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(Paul Lam SC) |
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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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