RE MILLIE\'S SHOES FACTORY LIMITED AND OTHERS

RE MILLIE\'S SHOES FACTORY LIMITED AND OTHERS

The Court refused to lay down guidelines and held that the proper course is to refer the applicants' fees to the Taxing Master to determine on the facts whether a percentage/scale or a time-cost basis is appropriate; the Taxing Master must consider adequacy and propriety of incurred work and apply usual taxation principles; no costs awarded and miscellaneous proceedings must be transferred into the companies' winding-up actions.

Citation
RE MILLIE\'S SHOES FACTORY LIMITED AND OTHERS
Parties
Company (subject): Millie's Shoes Factory Limited; Company (subject): Millie's Trading Company Limited; Company (subject): Millie's Wholesale Centre Limited; Company (subject): Miliie's Property Management Company Limited; Company (subject): Millie's Handbag & Shoes Factory Limited; Company (subject): Sum Chun High Quality Shoes Factory Limited; Applicant (provisional Liquidators): Provisional Liquidators of the Millie's group; Respondent (official Receiver): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 1985
Case Number
HCCW12/1985
Procedural Posture
Companies Winding Up; Miscellaneous Summons Relating to Provisional Liquidators' Remuneration / Ruling in Chambers; Referral to Taxing Master and Transfer of Papers to Winding Up Actions
Outcome
Fees referred to the Taxing Master for taxation; no order as to costs; miscellaneous proceedings transferred to the companies winding-up actions.
Legal Topics
Provisional Liquidators' Remuneration, Basis of Fees (time Cost Vs Percentage), Taxation of Costs by Taxing Master, Transfer of Miscellaneous Proceedings to Winding Up Actions
Source Language
EN
Company Law Insolvency Law Costs and Taxation Civil Procedure Provisional Liquidators' Remuneration Basis of Fees (time Cost Vs Percentage) Taxation of Costs by Taxing Master Transfer of Miscellaneous Proceedings to Winding Up Actions

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Parties

Millie's Shoes Factory Limited

Company (subject)

Millie's Trading Company Limited

Company (subject)

Millie's Wholesale Centre Limited

Company (subject)

Miliie's Property Management Company Limited

Company (subject)

Millie's Handbag & Shoes Factory Limited

Company (subject)

Sum Chun High Quality Shoes Factory Limited

Company (subject)

Provisional Liquidators of the Millie's group

Applicant (provisional Liquidators)

Official Receiver

Respondent (official Receiver)

Procedural Posture

Companies Winding Up; Miscellaneous Summons Relating to Provisional Liquidators' Remuneration / Ruling in Chambers; Referral to Taxing Master and Transfer of Papers to Winding Up Actions

Legal Issues

  1. 1 What is the proper basis for fixing provisional liquidators' remuneration (percentage/scale vs time-cost)
  2. 2 Whether Re Carton Limited mandates use of percentage/scale or is merely persuasive
  3. 3 Whether the Taxing Master should determine the basis and quantum of remuneration

Ratio Decidendi

The Court refused to lay down guidelines and held that the proper course is to refer the applicants' fees to the Taxing Master to determine on the facts whether a percentage/scale or a time-cost basis is appropriate; the Taxing Master must consider adequacy and propriety of incurred work and apply usual taxation principles; no costs awarded and miscellaneous proceedings must be transferred into the companies' winding-up actions.

Court Disposition

Fees referred to the Taxing Master for taxation; no order as to costs; miscellaneous proceedings transferred to the companies winding-up actions.

Orders

  • All papers in the miscellaneous proceedings to be transferred to the companies winding-up actions