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: it held the Petitioner entitled to costs of all 3 sets of appeals including the reserved Directions Hearing costs but reduced the quantum by summary assessment to HK$700,000 (applying a broad brush reduction of professional hours and taxing down unnecessary two-counsel attendance); ordered costs of the Direction Summons to be in the cause; summarily assessed the Costs Summons at HK$5,000 to be set off against the appeal costs; left detailed apportionment among respondents to the parties.

Citation
[2020] HKCFI 1051
Parties
Petitioner: Fung Tin Yau (馮天佑); 1st Respondent: Fung Tin Shing (馮天承); 2nd Respondent: Fung Wing See (馮穎思); 3rd Respondent: Lai Ng Nui (賴五女); 4th Respondent: Fung Wing Yan (馮穎欣); 5th Respondent: Fung Wing Yin (馮穎賢); 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
HCCW170/2016
Procedural Posture
Companies (winding Up) Proceedings and Related Actions (consolidated) / Decision on Costs
Outcome
Costs orders nisi varied as set out; summary assessment of specified costs made and payment directions given.
Legal Topics
Costs Assessment, Summary Assessment, Directions Hearing, Appeals, Strike Out, Apportionment of Costs
Source Language
EN
Company Law Civil Procedure Costs Law Costs Assessment Summary Assessment Directions Hearing Appeals Strike Out +1 more

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Parties

Fung Tin Yau (馮天佑)

Petitioner

Fung Tin Shing (馮天承)

1st Respondent

Fung Wing See (馮穎思)

2nd Respondent

Lai Ng Nui (賴五女)

3rd Respondent

Fung Wing Yan (馮穎欣)

4th Respondent

Fung Wing Yin (馮穎賢)

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 and Related Actions (consolidated) / Decision on Costs

Legal Issues

  1. 1 Whether the costs order nisi should be varied to include the reserved costs of the Directions Hearing of 11 January 2019
  2. 2 Quantum of costs for the 3 sets of appeals and whether claimed costs should be taxed down
  3. 3 Whether costs of the Direction Summons should be ordered in the cause

Ratio Decidendi

The court varied the costs order nisi: it held the Petitioner entitled to costs of all 3 sets of appeals including the reserved Directions Hearing costs but reduced the quantum by summary assessment to HK$700,000 (applying a broad brush reduction of professional hours and taxing down unnecessary two-counsel attendance); ordered costs of the Direction Summons to be in the cause; summarily assessed the Costs Summons at HK$5,000 to be set off against the appeal costs; left detailed apportionment among respondents to the parties.

Court Disposition

Costs orders nisi varied as set out; summary assessment of specified costs made and payment directions given.

Orders

  • The Petitioner shall have the costs of all 3 Sets of Appeals, including the reserved costs for the Directions Hearing of 11 January 2019, to be summarily assessed.
  • Costs of the appeals in respect of the 2078 Strike Out Summons to be borne by Madam Lai and Jenny.