Re Chor Lau Heung Restaurant Co. Ltd.

Re Chor Lau Heung Restaurant Co. Ltd.

The petition was found to lack any sound basis in fact or law and to have been presented and pursued for a collateral purpose constituting an abuse of process; therefore the court exercised its discretion to order the respondents' costs to be taxed on an indemnity basis.

Citation
Re Chor Lau Heung Restaurant Co. Ltd.
Parties
Petitioner: Petitioner (unnamed minority shareholder); Respondents: Respondents (majority shareholders and Chor Lau Heung Restaurant Company Limited)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 2000
Case Number
HCCW63/1999
Procedural Posture
Companies Winding‑up Proceedings / Costs Hearing Following Dismissal of Petition
Outcome
Respondents awarded their costs on an indemnity basis following dismissal of the petition.
Legal Topics
Indemnity Costs, Abuse of Process, Minority Shareholder Oppression, Winding‑up Petitions, Collateral Purpose
Source Language
EN
Companies Law Civil Procedure Costs and Taxation Indemnity Costs Abuse of Process Minority Shareholder Oppression Winding‑up Petitions Collateral Purpose

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Parties

Petitioner (unnamed minority shareholder)

Petitioner

Respondents (majority shareholders and Chor Lau Heung Restaurant Company Limited)

Respondents

Procedural Posture

Companies Winding‑up Proceedings / Costs Hearing Following Dismissal of Petition

Legal Issues

  1. 1 Whether the respondents were entitled to costs on an indemnity basis
  2. 2 Whether the petition was brought for a collateral purpose amounting to abuse of process
  3. 3 Whether the petition had any merit in fact or law such as to preclude an indemnity costs order

Ratio Decidendi

The petition was found to lack any sound basis in fact or law and to have been presented and pursued for a collateral purpose constituting an abuse of process; therefore the court exercised its discretion to order the respondents' costs to be taxed on an indemnity basis.

Court Disposition

Respondents awarded their costs on an indemnity basis following dismissal of the petition.

Orders

  • Respondents awarded their costs on an indemnity basis.
  • Costs to be taxed on an indemnity basis.