RE BOLDWIN CONSTRUCTION CO LTD

RE BOLDWIN CONSTRUCTION CO LTD

Where no winding-up order exists and provisional liquidators have been discharged with control returned to directors, the company concerned has an apparent interest and must be given the opportunity to be heard on taxation of provisional liquidators' fees; the Procedural Guide does not displace that right. Consequently the Registrar's decision that hearings be inter partes was upheld; interim payment for BF was reduced from 70% to 50% and the Registrar's order making provisional liquidators personally liable for costs was set aside, with costs to be paid out of company assets.

Citation
RE BOLDWIN CONSTRUCTION CO LTD
Parties
Appellants: Provisional Liquidators of Boldwin, Myriad Gold, Maintain Profits and B.F. Construction; Respondent (company): Boldwin Construction Company Limited; Respondent (company): Maintain Profits Limited; Respondent (company): Myriad Gold Corporation; Respondent (company): B.F. Construction Company Limited; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 2006
Case Number
HCCW340/2002
Procedural Posture
Companies (winding Up) Nos. 340/2002, 346/2002, 691/2004 Appeal Against Registrar's Taxation Direction / Decision on Appeal and Related Summonses (chambers)
Outcome
Appeal dismissed in part and refused in part: Registrar's decision that determination be inter partes upheld; applications for ex parte determination in related proceedings refused; interim payment for BF reduced to 50%; Registrar's personal costs order set aside; costs to be paid out of the companies' assets.
Legal Topics
Provisional Liquidators' Remuneration, Taxation of Costs, Inter Partes V Ex Parte Procedure, Interim Payment of Fees, Costs Orders
Source Language
EN
Company Law Insolvency Civil Procedure Provisional Liquidators' Remuneration Taxation of Costs Inter Partes V Ex Parte Procedure Interim Payment of Fees Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Provisional Liquidators of Boldwin, Myriad Gold, Maintain Profits and B.F. Construction

Appellants

Boldwin Construction Company Limited

Respondent (company)

Maintain Profits Limited

Respondent (company)

Myriad Gold Corporation

Respondent (company)

B.F. Construction Company Limited

Respondent (company)

Official Receiver

Interested Party

Procedural Posture

Companies (winding Up) Nos. 340/2002, 346/2002, 691/2004 Appeal Against Registrar's Taxation Direction / Decision on Appeal and Related Summonses (chambers)

Legal Issues

  1. 1 Whether taxation/determination of provisional liquidators' fees should be heard ex parte or inter partes
  2. 2 Whether interim payments should be made to provisional liquidators and whether a guarantee is required
  3. 3 Whether provisional liquidators should be ordered to pay costs personally

Ratio Decidendi

Where no winding-up order exists and provisional liquidators have been discharged with control returned to directors, the company concerned has an apparent interest and must be given the opportunity to be heard on taxation of provisional liquidators' fees; the Procedural Guide does not displace that right. Consequently the Registrar's decision that hearings be inter partes was upheld; interim payment for BF was reduced from 70% to 50% and the Registrar's order making provisional liquidators personally liable for costs was set aside, with costs to be paid out of company assets.

Court Disposition

Appeal dismissed in part and refused in part: Registrar's decision that determination be inter partes upheld; applications for ex parte determination in related proceedings refused; interim payment for BF reduced to 50%; Registrar's personal costs order set aside; costs to be paid out of the companies' assets.

Orders

  • Appeal against Registrar's decision that determination of provisional liquidators' fees be in the presence of the company dismissed
  • Application for ex parte determination of provisional liquidators' fees in respect of Myriad Gold, Maintain Profits and B.F. Construction refused