JAMES WARDELL AND JACKSON IP, Joint and Several Liquidators of KIN MING TOY MANUFACTORY LTD (In Liquidation) v. CHENG SHING KI AND ANOTHER

HCCW 402/2015 [2018] HKCFI 2285 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE COMPANIES WINDINGUP PROCEEDINGS NO 402 OF 2015 ________________ IN THE MATTER of Kin Ming Toy Manufactory Limited (Number: 0023100) and IN THE MATTER of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) ________________ BETWEEN JAMES WARDELL AND JACKSON IP, Petitioner Joint and Several Liquidators of KIN MING TOY MANUFACTORY LIMITED (In Liquidation) AND CHENG SHING KI 1st Respondent BANGKOK BANK PUBLIC COMPANY LIMITED 2nd Respondent ________________ Before: Hon Harris J in Chambers Date of Hearing: 22 August 2018 Date of Decision on Costs: 10 October 2018 ____________________________ D E C I S I O N O N C O S T S ____________________________ On 22 August 2018 I heard an application by the liquidators of the company in liquidation under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32, for payments described in the judgment that I gave that day to be declared void. I dismissed the application. I did not determine costs at that time because the 2nd Respondent, Bangkok Bank Public Company Limited, argued that rather than order that the successful Respondents’ costs should be paid out of the assets of the company the order should provide that the costs are paid by the Liquidators. Mr Jonathan Wong who appeared for the 2nd Respondent referred to a decision of the Court of Appeal in Kam Toys & Novelty Manufacturing Limited (unreported, CACV 67/2017, 13 November 2017) of which he did not have a copy in court. It was provided to me subsequently. In Kam Toys Yuen JA explains in [43]–[45] of her judgment that if a liquidator initiates an application, which proves to be unsuccessful, the correct order is that the liquidator should be liable for costs personally. I can see no reason why on the facts of this case I should make any other order than that made in Kam Toys, a decision which binds me. I, therefore, order that the Respondents’ costs of the summons are to be paid personally by the Petitioner with a certificate for counsel. (Jonathan Harris) Judge of the Court of First Instance High Court Ms Janine Cheung, instructed by ONC Lawyers, for the applicant Mr David Chen, instructed by Fairbairn Catley Low & Kong, for the 1st respondent Mr Jonathan Wong, instructed by Deacons, for the 2nd respondent The attendance of the Official Receiver was excused