FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

The court varied the costs order nisi: the Petitioner is entitled to costs of all three sets of appeals including the reserved costs of the Directions Hearing; the Total Appeal Costs were summarily assessed at HK$700,000 and ordered to be paid within 14 days; costs of the Direction Summons were ordered to be in the cause; the Costs Summons was summarily assessed at HK$5,000 to be set off against the appeal costs; the court granted a certificate for two counsel except for the 20 May 2019 hearing and left apportionment among respondents to the parties.

Citation
[2020] HKCFI 1051
Parties
Petitioner: Fung Tin Yau; 1st Respondent: Fung Tin Shing; 2nd Respondent: Fung Wing See; 3rd Respondent: Lai Ng Nui; 4th Respondent: Fung Wing Yan; 5th Respondent: Fung Wing Yin; 6th Respondent: Great Anchor International Limited; 7th Respondent: Maxfortune Trading Limited; 8th Respondent: Premium Management Limited; 9th Respondent: Wyse Investment Limited; 10th Respondent: Samdor Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2020
Case Number
HCCW172/2016
Procedural Posture
Companies (winding Up) Proceedings Consolidated Appeals and Ancillary Applications / Decision on Costs Following Appeal and Directions Hearings
Outcome
Costs orders varied and summarily assessed in favour of the Petitioner; direction summons costs ordered in the cause; costs summons modestly assessed and set off
Legal Topics
Costs Assessment, Summary Assessment, Direction Summons, Strike Out Applications, Winding Up, Apportionment of Costs, Two Counsel Certificate
Source Language
EN
Company Law Civil Procedure Costs Law Appeals Costs Assessment Summary Assessment Direction Summons Strike Out Applications +3 more

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Parties

Fung Tin Yau

Petitioner

Fung Tin Shing

1st Respondent

Fung Wing See

2nd Respondent

Lai Ng Nui

3rd Respondent

Fung Wing Yan

4th Respondent

Fung Wing Yin

5th Respondent

Great Anchor International Limited

6th Respondent

Maxfortune Trading Limited

7th Respondent

Premium Management Limited

8th Respondent

Wyse Investment Limited

9th Respondent

Samdor Company Limited

10th Respondent

Procedural Posture

Companies (winding Up) Proceedings Consolidated Appeals and Ancillary Applications / Decision on Costs Following Appeal and Directions Hearings

Legal Issues

  1. 1 Whether the costs order nisi arising from three sets of appeals should be varied to include reserved costs of the Directions Hearing on 11 January 2019
  2. 2 Whether the Total Appeal Costs should be summarily assessed and the appropriate quantum
  3. 3 Whether the costs of the Direction Summons should be in the cause

Ratio Decidendi

The court varied the costs order nisi: the Petitioner is entitled to costs of all three sets of appeals including the reserved costs of the Directions Hearing; the Total Appeal Costs were summarily assessed at HK$700,000 and ordered to be paid within 14 days; costs of the Direction Summons were ordered to be in the cause; the Costs Summons was summarily assessed at HK$5,000 to be set off against the appeal costs; the court granted a certificate for two counsel except for the 20 May 2019 hearing and left apportionment among respondents to the parties.

Court Disposition

Costs orders varied and summarily assessed in favour of the Petitioner; direction summons costs ordered in the cause; costs summons modestly assessed and set off

Orders

  • The Petitioner shall have the costs of all three sets of appeals, including the reserved costs for the Directions Hearing of 11 January 2019, to be summarily assessed
  • The costs of the appeals in respect of the 2078 Strike Out Summons be borne by Madam Lai and Jenny