Quin J
IN THE GRAND COURT OF THE CAYMAN ISLANDS CIVIL DIVISION Cause No: G606/2008 BETWEEN: STRATEGIC TECHNOLOGIES PTE LTD PLAINTIFF/JUDGMENT CREDITOR AND: THE ARMAMENTS BUREAU OF THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF CHINA successor to the PROCUREMENT BUREAU OF THE REPUBLIC OF CHINA MINISTRY OF NATIONAL DEFENCE DEFENDANT/JUDGMENT DEBTOR AND
CHANG PU WANG (ANDREW WANG),
CHIA HSING WANG (BRUNO WANG)
CHIA JUN YEAH WANG (PAULINE WANG) INTERESTED PARTIES/APPLICANTS Appearances: Mr. Colm Flanagan, of Nelson & Co., for the Plaintiff/Judgment Creditor Mr. Stuart Diamond of Diamond Jones for the Defendant/Judgment Debtor Mr. Thom Lowe Q.C. instructed by Mr. Peter Huth-Wallis of Harneys for the Interested Parties/Applicants Before: The Hon. Mr. Justice Charles Quin Heard: 12th August 2013 EXTEMPORE RULING 1. Leading counsel Mr. Thomas Lowe Q.C. ("Mr. Lowe") made an application on behalf of Andrew Wang, Bruno Wang and Pauline Wang, ("the Wangs"), for: i. Leave to intervene in the proceedings; ii. Leave to appeal to the Court of Appeal. 2. I have heard leading counsel on behalf of the Interested Parties, and I have read the Skeleton Argument in support of the application. I have heard Mr. Flanagan, on behalf of the Plaintiff, and Mr. Diamond on behalf of the Defendant, opposing the application. 3. For many of the same reasons set out in my Extempore Ruling dated the 2nd August 2013, refusing the Wangs their application to adjourn the hearing of the Plaintiff's application for the Charging Order Nisi to be made absolute, I reject the Wangs' application to be granted leave to intervene in these proceedings as interested parties.
As I said at paragraph 20 of my Extempore Ruling dated the 2nd August 2013, the Wangs have known of these proceedings for a long time. Their previous attorneys, Charles Adams Ritchie & Duckworth ("CARD") knew of the proceedings and appeared on behalf of the Wangs from time to time. Throughout those appearances, over many months and years, the Wangs' attorneys brought no application on behalf of the Wangs to be joined as a party. They did not file any submissions or write any letters explaining their position.
The Plaintiff had kept the Wangs' previous attorneys abreast of the proceedings since the 6th January 2009.
Accordingly, the Court rejects this application by the Wangs for leave to intervene in these proceedings some ten days after the Charging Order Absolute, which I made on the 2nd August 2008.
The Court cannot allow a party who has had Cayman Islands attorneys instructed and acting for years in Grand Court Cause Numbers G 0606 of 2008 and POCL 15 of 2009, to intervene after the Court has made its decision. There must be certainty and finality. Any application of this nature after the court has made a Charging Order absolute would cause great prejudice, delay, and cost to the Plaintiff and probably the Defendants.
The Wangs have only themselves to blame for not having instructed their attorneys to intervene at a much earlier stage in the proceedings.
Accordingly, I am satisfied that such an application should not be granted by this Court.
I order that the costs of this morning’s application be borne by the Wangs.
As I made my decision on the 2nd August 2013 I am now functus officio. In addition, as the Wangs are not parties to these proceedings, I have no jurisdiction to grant them leave to appeal. Dated this the 12th day of August 2013 Honourable Mr. Justice Charles Quin Judge of the Grand Court