DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

Because the valuer's question and answer session was not completed until 15 August 2017 and it was at least arguable between 18 August and 12 September 2017 that the court-appointed valuation process was not complete, the Companies' summons dated 12 September 2017 was premature; therefore no order as to costs for the costs incurred before 12 September 2017 and specified orders on the amended summons filed 26 October 2017 follow.

Citation
DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Parties
Petitioner: DENNIS KWOK HON MING; 1st Respondent: POON SUI CHEONG ALBERT; 2nd Respondent: IRENE TSENG; 3rd Respondent: YANG HONG CHING NORRIS; 4th Respondent: LUO MING XIN WILLIAM (also known as LO MING TAK WILLIAM); 5th Respondent: LAW WING MEI HELEN; 6th Respondent: ASIAN ADVENTURE LIMITED; 7th Respondent: ENCHANTMENT PROPERTIES LIMITED; 8th Respondent: CHINA FUNDS DEVELOPMENT LIMITED; 9th Respondent (hcmp 1526/2013): MINLOY LIMITED; 9th Respondent (hcmp 1527/2013): TOP MASTER DEVELOPMENT LIMITED; 9th Respondent (hcmp 1528/2013): WEALTH ISLAND INTERNATIONAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2017
Case Number
HCMP1528/2013
Procedural Posture
Companies Summons Under S.168 a Companies Ordinance / Interlocutory Ruling on Costs of Companies' Summons
Outcome
Companies' summons of 12 September 2017 held to be premature; no order as to costs for costs incurred before 12 September 2017; on amended inter partes summons filed 26 October 2017 paragraph 1 dismissed and paragraph 2 no order as to costs; costs incurred after 12 September 2017 payable by the Petitioner to the...
Legal Topics
Discovery, Costs of Summons, Valuation Evidence, Section 168 a Companies Ordinance
Source Language
EN
Company Law Civil Procedure Costs Discovery Costs of Summons Valuation Evidence Section 168 a Companies Ordinance

Case Brief

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Parties

DENNIS KWOK HON MING

Petitioner

POON SUI CHEONG ALBERT

1st Respondent

IRENE TSENG

2nd Respondent

YANG HONG CHING NORRIS

3rd Respondent

LUO MING XIN WILLIAM (also known as LO MING TAK WILLIAM)

4th Respondent

LAW WING MEI HELEN

5th Respondent

ASIAN ADVENTURE LIMITED

6th Respondent

ENCHANTMENT PROPERTIES LIMITED

7th Respondent

CHINA FUNDS DEVELOPMENT LIMITED

8th Respondent

MINLOY LIMITED

9th Respondent (hcmp 1526/2013)

TOP MASTER DEVELOPMENT LIMITED

9th Respondent (hcmp 1527/2013)

WEALTH ISLAND INTERNATIONAL LIMITED

9th Respondent (hcmp 1528/2013)

Procedural Posture

Companies Summons Under S.168 a Companies Ordinance / Interlocutory Ruling on Costs of Companies' Summons

Legal Issues

  1. 1 Whether the Companies' summons issued on 12 September 2017 was premature
  2. 2 Whether costs incurred before 12 September 2017 should be ordered against the Petitioner
  3. 3 Whether paragraph 5 of the order of 21 February 2017 required delivery up of documents prior to completion of the court-appointed valuer's process

Ratio Decidendi

Because the valuer's question and answer session was not completed until 15 August 2017 and it was at least arguable between 18 August and 12 September 2017 that the court-appointed valuation process was not complete, the Companies' summons dated 12 September 2017 was premature; therefore no order as to costs for the costs incurred before 12 September 2017 and specified orders on the amended summons filed 26 October 2017 follow.

Court Disposition

Companies' summons of 12 September 2017 held to be premature; no order as to costs for costs incurred before 12 September 2017; on amended inter partes summons filed 26 October 2017 paragraph 1 dismissed and paragraph 2 no order as to costs; costs incurred after 12 September 2017 payable by the Petitioner to the...

Orders

  • Costs incurred after 12 September 2017 payable by the Petitioner to the Companies, to be taxed if not agreed.
  • No order as to costs in respect of the Companies' summons before 12 September 2017.