Arbitral Digest

Matter

Great Wall Pan Asia International Investment Company Limited v Cervera Holdings Limited and Yeung Wing Yan

  1. 2 March 2016Hong Kong

    2 March 2016Hong Kong

    Ex parte injunction dated 2 March 2016

    Decision summary
    The court granted an ex parte injunction restraining Cervera Holdings Limited and Yeung Wing Yan from disposing of assets up to HK$170,560,000.

    Supporting details

    3 participants
    Great Wall Pan Asia International Investment Company Limited
    Cervera Holdings Limited
    Yeung Wing Yan

    1 day later · 1 days

  2. 3 March 2016Hong Kong

    3 March 2016Hong Kong

    Amended injunction dated 3 March 2016

    Decision summary
    The court amended the ex parte injunction.

    Supporting details

    3 participants
    Great Wall Pan Asia International Investment Company Limited
    Cervera Holdings Limited
    Yeung Wing Yan

    8 days later · 8 days

  3. 11 March 2016Hong Kong

    11 March 2016Hong Kong

    Order continuing the injunction dated 11 March 2016

    Decision summary
    The court continued the injunction pending full arguments on the inter partes summons.

    Supporting details

    3 participants
    Great Wall Pan Asia International Investment Company Limited
    Cervera Holdings Limited
    Yeung Wing Yan

    2 months and 21 days later · 82 days

  4. 1 June 2016Hong Kong

    1 June 2016Hong Kong

    Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCCT 13/2016 dated 1 June 2016

    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Case no.
    HCCT 13/2016
    Decision summary
    The court held that Great Wall had a good arguable case that Cervera Holdings Limited and Yeung Wing Yan breached the share purchase agreement, put option deeds and guarantee, and that their dealings in shares created a real risk that an award or order would remain unsatisfied. It found deliberate material non-disclosure concerning Gong’s involvement in the Champ Transaction, discharged the ex parte injunction, and granted a fresh injunction on revised terms pending further order. The revisions removed references to Dragon and Candor and Turbo, limited the order concerning Billion Victor Enterprises Limited, allowed specified living, tax, maintenance and legal expenses, and allocated the relevant application and hearing costs equally between the parties, with Great Wall bearing its own ex parte costs.

    Supporting details

    16 authorities · 11 participants
    Great Wall Pan Asia International Investment Company Limited
    Representative
    Ing Loong Yang (For: Great Wall Pan Asia International Investment Company Limited)
    Representative
    Simon Powell (For: Great Wall Pan Asia International Investment Company Limited)
    Representative
    Latham & Watkins (For: Great Wall Pan Asia International Investment Company Limited)
    Cervera Holdings Limited
    Representative
    Josephine Tjia (For: Cervera Holdings Limited · Yeung Wing Yan)
    Representative
    Lau & Chan (For: Cervera Holdings Limited · Yeung Wing Yan)
    Yeung Wing Yan
    Representative
    Josephine Tjia (For: Cervera Holdings Limited · Yeung Wing Yan)
    Representative
    Lau & Chan (For: Cervera Holdings Limited · Yeung Wing Yan)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance
    Other
    Witness
    Gong

    Authorities cited

    16
    • Arbitration Ordinance (Cap 609)
      statute
    • Rules of High Court (Cap 4A)
      statute
    • Ninemia Maritime Corporation v Trave Schiffahrtsgesellschaft GmbH (The Niedersachsen) ([1983] 1 WLR 1412)
      case-law
    • Ulfar International AS v Miles (Court of Appeal (Civ Div), unreported, 29 August 1991)
      case-law
    • Honsaico Trading Co v Hong Yiah Seng Co Ltd ([1990] 1 HKLR 235)
      case-law
    • Hornor Resources (International) Co Ltd v Savvy Resources Ltd ([2010] 4 HKC 50)
      case-law
    • TTMI Ltd of England v ASM Shipping Ltd of India ([2006] 1 Lloyd's Rep 401)
      case-law
    • Chitel v Robart ([1982] 3 OR (2d) 513)
      case-law
    • Mobil Cerro Negro Ltd v Petroleos de Venezuela SA ([2008] 2 All ER 1034)
      case-law
    • Campbell Mussels v Thompson ((1985) 81 LS Gaz 2140)
      case-law
    • Wharf Ltd v Lau Yuen How ([2010] 1 HKLRD 783)
      case-law
    • PCCW Ltd v Dixon ([1983] 2 All ER 158)
      case-law
    • Bank Mellat v Nikpour ([1985] FSR 87)
      case-law
    • Excel Courage Holdings Ltd v Wong Sin Lai ([2014] 3 HKLRD 642)
      case-law
    • Arena Corp Ltd v Schroeder ([2003] EWHC 1089 (Ch))
      case-law
    • Gee on Commercial Injunctions, 6th edition
      academic

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Great Wall Pan Asia International Investment Company Limited v Cervera Holdings Limited and Yeung Wing Yan · Matter