PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. GOLD GLOBAL LTD AND OTHERS

PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. GOLD GLOBAL LTD AND OTHERS

Given proper service, uncontested evidence establishing necessity to realise the only identified assets to meet a substantial costs liability, and absence of any defence or practical alternative, the court exercised its discretion to appoint receivers over Mr Hu's identified assets, subject to the Plaintiff filing an undertaking by way of affirmation verifying its Hong Kong assets.

Citation
[2022] HKCFI 1423
Parties
Plaintiff in HCCL 16/2009, HCCL 17/2009 and HCCL 18/2009: Pacific Electric Wire & Cable Co., Ltd.; 1st Defendant in HCCL 16/2009: Texan Management Limited; 2nd Defendant in HCCL 16/2009: Clipper Investment Limited (formerly known as Pacific Capital (Investment) Limited); 3rd Defendant in HCCL 16/2009: Pacific Capital (Asia) Limited; 4th Defendant in HCCL 16/2009: All Dragon International Limited; 5th Defendant in HCCL 16/2009: PCL Holdings Limited (formerly known as Pacific Capital (Holdings) Limited); 6th Defendant in HCCL 16/2009: Laidlaw Pacific Financial Services (Holdings) Limited (formerly known as Pacific Capital Financial Services (Holdings) Limited); 7th Defendant in HCCL 16/2009: Super Wish Limited; 8th Defendant in HCCL 16/2009; 4th Defendant in HCCL 17/2009; 4th Defendant in HCCL 18/2009: Hu Hung Chiu; 9th Defendant in HCCL 16/2009 (discontinued); 10th Defendant in HCCL 18/2009 (discontinued): Wong Kun To; 10th Defendant in HCCL 16/2009 (discontinued); 11th Defendant in HCCL 18/2009 (discontinued): Cheung Kwan Hung, Anthony; 11th Defendant in HCCL 16/2009; 20th Defendant in HCCL 18/2009: Ma Kam Fook Robert; 12th Defendant in HCCL 16/2009 (discontinued): Cheng Shu Wing; 13th Defendant in HCCL 16/2009 (by Order to Carry On); 7th Defendant in HCCL 18/2009 (by Order to Carry On): Tung Hsiu Chun (the person entitled to manage and administer the estate of Tung Yu Jeh (deceased)); 14th Defendant in HCCL 16/2009; 8th Defendant in HCCL 18/2009: Sun Tao Tsun; 15th Defendant in HCCL 16/2009 (discontinued): Pang Hong; 1st Defendant in HCCL 17/2009: Gold Global Limited; 2nd Defendant in HCCL 17/2009: PCL Nominees Limited; 3rd Defendant in HCCL 17/2009: Greateam Limited; 5th Defendant in HCCL 17/2009; 6th Defendant in HCCL 18/2009: Chung Che Ling; 6th Defendant in HCCL 17/2009; 5th Defendant in HCCL 18/2009: Yip Chi Hung; 7th Defendant in HCCL 17/2009 (discontinued); 9th Defendant in HCCL 18/2009 (discontinued): Tam Pui Na, Rafia; 8th Defendant in HCCL 17/2009; 1st Defendant in HCCL 18/2009: Harmutty Limited; 2nd Defendant in HCCL 18/2009: Haddowe Limited; 3rd Defendant in HCCL 18/2009: Casparson Properties Limited; 12th Defendant in HCCL 18/2009: Afterville Limited; 13th Defendant in HCCL 18/2009: Nee Soon Limited; 14th Defendant in HCCL 18/2009: Showground Limited; 15th Defendant in HCCL 18/2009: Berridale Developments Limited; 16th Defendant in HCCL 18/2009: Jutech Investments Limited; 18th Defendant in HCCL 18/2009: Blinco Enterprises Limited; 19th Defendant in HCCL 18/2009: Patagonia Limited; 21st Defendant in HCCL 18/2009 (discontinued): Hu Sun Mar Li; 22nd Defendant in HCCL 18/2009: Top Selection Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2022
Case Number
HCCL17/2009
Procedural Posture
Commercial Action (forced Realization/enforcement) / Application for Appointment of Receivers Decision
Outcome
Order granted appointing receivers over the identified assets of Mr Hu Hung Chiu, subject to the Plaintiff's undertaking to file an affirmation verifying its Hong Kong assets.
Legal Topics
Appointment of Receivers, Service of Process, Costs Recovery, Realisation of Assets, Undertaking to Court
Source Language
EN
Civil Commercial Enforcement Receivership Appointment of Receivers Service of Process Costs Recovery Realisation of Assets +1 more

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Parties

Pacific Electric Wire & Cable Co., Ltd.

Plaintiff in HCCL 16/2009, HCCL 17/2009 and HCCL 18/2009

Texan Management Limited

1st Defendant in HCCL 16/2009

Clipper Investment Limited (formerly known as Pacific Capital (Investment) Limited)

2nd Defendant in HCCL 16/2009

Pacific Capital (Asia) Limited

3rd Defendant in HCCL 16/2009

All Dragon International Limited

4th Defendant in HCCL 16/2009

PCL Holdings Limited (formerly known as Pacific Capital (Holdings) Limited)

5th Defendant in HCCL 16/2009

Laidlaw Pacific Financial Services (Holdings) Limited (formerly known as Pacific Capital Financial Services (Holdings) Limited)

6th Defendant in HCCL 16/2009

Super Wish Limited

7th Defendant in HCCL 16/2009

Hu Hung Chiu

8th Defendant in HCCL 16/2009; 4th Defendant in HCCL 17/2009; 4th Defendant in HCCL 18/2009

Wong Kun To

9th Defendant in HCCL 16/2009 (discontinued); 10th Defendant in HCCL 18/2009 (discontinued)

Cheung Kwan Hung, Anthony

10th Defendant in HCCL 16/2009 (discontinued); 11th Defendant in HCCL 18/2009 (discontinued)

Ma Kam Fook Robert

11th Defendant in HCCL 16/2009; 20th Defendant in HCCL 18/2009

Cheng Shu Wing

12th Defendant in HCCL 16/2009 (discontinued)

Tung Hsiu Chun (the person entitled to manage and administer the estate of Tung Yu Jeh (deceased))

13th Defendant in HCCL 16/2009 (by Order to Carry On); 7th Defendant in HCCL 18/2009 (by Order to Carry On)

Sun Tao Tsun

14th Defendant in HCCL 16/2009; 8th Defendant in HCCL 18/2009

Pang Hong

15th Defendant in HCCL 16/2009 (discontinued)

Gold Global Limited

1st Defendant in HCCL 17/2009

PCL Nominees Limited

2nd Defendant in HCCL 17/2009

Greateam Limited

3rd Defendant in HCCL 17/2009

Chung Che Ling

5th Defendant in HCCL 17/2009; 6th Defendant in HCCL 18/2009

Yip Chi Hung

6th Defendant in HCCL 17/2009; 5th Defendant in HCCL 18/2009

Tam Pui Na, Rafia

7th Defendant in HCCL 17/2009 (discontinued); 9th Defendant in HCCL 18/2009 (discontinued)

Harmutty Limited

8th Defendant in HCCL 17/2009; 1st Defendant in HCCL 18/2009

Haddowe Limited

2nd Defendant in HCCL 18/2009

Casparson Properties Limited

3rd Defendant in HCCL 18/2009

Afterville Limited

12th Defendant in HCCL 18/2009

Nee Soon Limited

13th Defendant in HCCL 18/2009

Showground Limited

14th Defendant in HCCL 18/2009

Berridale Developments Limited

15th Defendant in HCCL 18/2009

Jutech Investments Limited

16th Defendant in HCCL 18/2009

Blinco Enterprises Limited

18th Defendant in HCCL 18/2009

Patagonia Limited

19th Defendant in HCCL 18/2009

Hu Sun Mar Li

21st Defendant in HCCL 18/2009 (discontinued)

Top Selection Company Limited

22nd Defendant in HCCL 18/2009

Procedural Posture

Commercial Action (forced Realization/enforcement) / Application for Appointment of Receivers Decision

Legal Issues

  1. 1 Whether the applicant is entitled to appointment of receivers over the identified assets of Mr Hu Hung Chiu to realise assets to pay costs
  2. 2 Whether service on Mr Hu was proper
  3. 3 Whether the absence of defence justifies the relief

Ratio Decidendi

Given proper service, uncontested evidence establishing necessity to realise the only identified assets to meet a substantial costs liability, and absence of any defence or practical alternative, the court exercised its discretion to appoint receivers over Mr Hu's identified assets, subject to the Plaintiff filing an undertaking by way of affirmation verifying its Hong Kong assets.

Court Disposition

Order granted appointing receivers over the identified assets of Mr Hu Hung Chiu, subject to the Plaintiff's undertaking to file an affirmation verifying its Hong Kong assets.

Orders

  • Order in terms of the draft order as amended appointing receivers over the identified assets of Mr Hu Hung Chiu
  • Order granted subject to the Plaintiff filing an affirmation verifying the Plaintiff's Hong Kong assets