MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

Because the principal parties (represented by counsel) agreed the Receiver would be appointed without security and there was no culpable fault by the Receiver for that arrangement, the court held the plaintiffs and the 1st and 4th defendants should have no order for costs; the Receiver's costs of the summonses are...

Source-derived case information.

Citation
MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS
Parties
Plaintiffs: 1st to 4th Plaintiffs; Defendant: 1st Defendant; 2nd Defendant: J.F. Ming Inc.; Defendant: 4th Defendant; Receiver: Grant Robinson
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 March 2005
Case Number
HCA18407/1999
Procedural Posture
Civil Receivership and Company Shareholders Dispute / Interlocutory Applications Concerning Security and Costs (ruling)
Outcome
Order that the Receiver give security by way of professional indemnity cover of HK$35,000,000 to the satisfaction of the court within 21 days; plaintiffs permitted to withdraw their 8 March 2005 summons; no order for costs against the plaintiffs and the 1st and 4th defendants; Receiver's costs of the summonses to be...
Legal Topics
Receiver Security, Appointment and Discharge of Receiver, Costs of Interlocutory Applications, Professional Indemnity Cover
Source Language
en
Civil Procedure Company Law Receivership Costs Professional Indemnity Insurance Receiver Security Appointment and Discharge of Receiver Costs of Interlocutory Applications +1 more

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Parties

1st to 4th Plaintiffs

Plaintiffs

1st Defendant

Defendant

J.F. Ming Inc.

2nd Defendant

4th Defendant

Defendant

Grant Robinson

Receiver

Procedural Posture

Civil Receivership and Company Shareholders Dispute / Interlocutory Applications Concerning Security and Costs (ruling)

Legal Issues

  1. 1 Whether the Receiver should be ordered to give security and in what amount
  2. 2 Who should pay the costs of the summonses and of providing security (Receiver personally or assets)
  3. 3 Whether the Receiver's failure to carry PI insurance amounts to fault justifying personal liability for costs

Ratio Decidendi

Because the principal parties (represented by counsel) agreed the Receiver would be appointed without security and there was no culpable fault by the Receiver for that arrangement, the court held the plaintiffs and the 1st and 4th defendants should have no order for costs; the Receiver's costs of the summonses are to be paid out of the assets and taxed if not agreed.

Court Disposition

Order that the Receiver give security by way of professional indemnity cover of HK$35,000,000 to the satisfaction of the court within 21 days; plaintiffs permitted to withdraw their 8 March 2005 summons; no order for costs against the plaintiffs and the 1st and 4th defendants; Receiver's costs of the summonses to be...

Orders

  • Receiver to give professional indemnity cover of HK$35,000,000 at his own cost to the satisfaction of the court within 21 days
  • Plaintiffs granted liberty to withdraw their summons dated 8 March 2005