LAU WING YAN AND OTHERS v. JOINT SILVER LTD (in liquidation) AND OTHERS

LAU WING YAN AND OTHERS v. JOINT SILVER LTD (in liquidation) AND OTHERS

The summons to convert the originating summons to a writ (or to permit oral evidence and cross-examination) is refused because the principal contentions are matters of law or do not disclose genuine, substantial disputes of fact central to the OS that require conversion; the Plaintiffs have not met the high threshold to impugn the liquidators' conduct; and allowing conversion would cause disproportionate and prejudicial delay given the age and multiplicity of related proceedings.

Citation
[2025] HKCFI 2203
Parties
1st Plaintiff: LAU WING YAN; 2nd Plaintiff: SUN MIN; 3rd Plaintiff: CHANG DAFA; 4th Plaintiff: PACIFIC BULK SHIPPING (CAYMAN) LIMITED; 1st Defendant: JOINT SILVER LIMITED (in liquidation); 2nd Defendant: PACIFIC BULK LOGISTICS LIMITED; 3rd Defendant: CHAN PUI SZE and MAK HAU YIN (in their capacity as the Joint and Several Liquidators of JOINT SILVER LIMITED)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2025
Case Number
HCMP54/2024
Procedural Posture
Originating Summons (companies/liquidation) / Case Management Decision on Summons to Convert OS to Writ (conversion Application Heard)
Outcome
Summons to convert refused
Legal Topics
Assignment of Cause of Action, Undertaking as to Damages, Enforcement of Undertaking, Conversion of Originating Summons to Writ, Cross Examination and Oral Evidence, Duties of Liquidators, Delay and Proportionality in Case Management
Source Language
EN
Company Law Injunctions Civil Procedure Insolvency/liquidation Assignments Assignment of Cause of Action Undertaking as to Damages Enforcement of Undertaking +4 more

Case Brief

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Parties

LAU WING YAN

1st Plaintiff

SUN MIN

2nd Plaintiff

CHANG DAFA

3rd Plaintiff

PACIFIC BULK SHIPPING (CAYMAN) LIMITED

4th Plaintiff

JOINT SILVER LIMITED (in liquidation)

1st Defendant

PACIFIC BULK LOGISTICS LIMITED

2nd Defendant

CHAN PUI SZE and MAK HAU YIN (in their capacity as the Joint and Several Liquidators of JOINT SILVER LIMITED)

3rd Defendant

Procedural Posture

Originating Summons (companies/liquidation) / Case Management Decision on Summons to Convert OS to Writ (conversion Application Heard)

Legal Issues

  1. 1 Whether an undertaking as to damages given to the court constitutes an assignable cause of action
  2. 2 Whether the purported assignment to the 2nd Defendant is void, invalid or should be set aside
  3. 3 Whether the joint liquidators acted in breach of duty or in collusion in effecting the assignment

Ratio Decidendi

The summons to convert the originating summons to a writ (or to permit oral evidence and cross-examination) is refused because the principal contentions are matters of law or do not disclose genuine, substantial disputes of fact central to the OS that require conversion; the Plaintiffs have not met the high threshold to impugn the liquidators' conduct; and allowing conversion would cause disproportionate and prejudicial delay given the age and multiplicity of related proceedings.

Court Disposition

Summons to convert refused

Orders

  • Summons to convert originating summons to writ dismissed
  • Proceedings to continue on the originating summons basis