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 orders: the Petitioner was awarded the costs of all three sets of appeals including reserved costs for the Directions Hearing, to be summarily assessed and paid; the court applied a broad-brush summary assessment reducing claimed time and fees, fixed the Total Appeal Costs at HK$700,000 payable within 14 days, ordered that Direction Summons costs be in the cause, and summarily assessed the Costs Summons at HK$5,000 to be set off against the appeal costs.

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
HCCW171/2016
Procedural Posture
Companies (winding Up) Proceedings and Consolidated Appeals / Decision on Costs (post Appeal and Post Directions)
Outcome
Costs orders nisi varied: Petitioner awarded costs of appeals summarily assessed; Direction Summons costs ordered in the cause; Costs Summons summarily assessed and set off against appeal costs.
Legal Topics
Costs Assessment, Summary Assessment, Apportionment of Costs, Directions Summons, Strike Out Applications, Two Counsel Certificate
Source Language
EN
Company Law Civil Procedure Costs Law Appeals Costs Assessment Summary Assessment Apportionment of Costs Directions Summons +2 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 and Consolidated Appeals / Decision on Costs (post Appeal and Post Directions)

Legal Issues

  1. 1 Whether the costs order nisi for the appeals should be varied to include costs of the Directions Hearing of 11 January 2019
  2. 2 Appropriate quantum for the Petitioner’s claimed appeal costs
  3. 3 Whether costs of the Direction Summons should be in the cause

Ratio Decidendi

The court varied the costs orders: the Petitioner was awarded the costs of all three sets of appeals including reserved costs for the Directions Hearing, to be summarily assessed and paid; the court applied a broad-brush summary assessment reducing claimed time and fees, fixed the Total Appeal Costs at HK$700,000 payable within 14 days, ordered that Direction Summons costs be in the cause, and summarily assessed the Costs Summons at HK$5,000 to be set off against the appeal costs.

Court Disposition

Costs orders nisi varied: Petitioner awarded costs of appeals summarily assessed; Direction Summons costs ordered in the cause; Costs Summons summarily assessed and set off against appeal costs.

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