RE PORTER MARTINE JOAN

RE PORTER MARTINE JOAN

Because the Petitioner ultimately produced the requisitions and the Debtors were the effective winners on the Inspection Summonses, the Debtors are entitled to party-to-party costs; separately, the Unless Order Summonses were unnecessary and duplicative and thus the Petitioner must pay the Debtors' costs of those summonses on an indemnity basis.

Citation
[2020] HKCFI 3044
Parties
Creditor Petitioner: ORIX ASIA LIMITED; Debtor: Porter Martine Joan; Debtor: Porter III Austin Mc Caulley
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2020
Case Number
HCB2757/2019
Procedural Posture
Bankruptcy Proceedings / Decision on Costs (interlocutory)
Outcome
Costs orders made: Debtors awarded party-to-party costs for Inspection Summonses; Petitioner ordered to pay indemnity costs for Unless Order Summonses; Amendment Summonses granted as unopposed.
Legal Topics
Inspection of Requisitions, Order for Production, Unless Order, Costs Follow the Event, Order 24 R10 R11 R13
Source Language
EN
Bankruptcy Civil Procedure Costs Interlocutory Applications Inspection of Requisitions Order for Production Unless Order Costs Follow the Event +1 more

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Parties

ORIX ASIA LIMITED

Creditor Petitioner

Porter Martine Joan

Debtor

Porter III Austin Mc Caulley

Debtor

Procedural Posture

Bankruptcy Proceedings / Decision on Costs (interlocutory)

Legal Issues

  1. 1 Whether Debtors were entitled to inspection of court requisitions under Order 24 r10 of the Rules of the High Court (Cap.4A)
  2. 2 Whether production for inspection is necessary under Order 24 r13 (necessity for disposing fairly or saving costs)
  3. 3 Appropriate costs consequences where documents are produced and the applicant is the effective winner

Ratio Decidendi

Because the Petitioner ultimately produced the requisitions and the Debtors were the effective winners on the Inspection Summonses, the Debtors are entitled to party-to-party costs; separately, the Unless Order Summonses were unnecessary and duplicative and thus the Petitioner must pay the Debtors' costs of those summonses on an indemnity basis.

Court Disposition

Costs orders made: Debtors awarded party-to-party costs for Inspection Summonses; Petitioner ordered to pay indemnity costs for Unless Order Summonses; Amendment Summonses granted as unopposed.

Orders

  • Amendment Summonses ordered in terms (no opposition).
  • For the Inspection Summonses, Debtors entitled to costs of and occasioned by the said Summonses on a party to party basis, to be taxed if not agreed.