TSUI SZE WAI, SAMMY v. WONG YU TSAI AND ANOTHER

TSUI SZE WAI, SAMMY v. WONG YU TSAI AND ANOTHER

There was a prima facie breach of the undertaking to deposit income from the Project into the designated account; therefore the court ordered the 1st respondent to file an affidavit within 14 days detailing receipts, account particulars and disposals and to produce supporting documents including bank statements, adjourned the joint‑signatory relief for lack of appearance, and awarded costs to the petitioner.

Citation
TSUI SZE WAI, SAMMY v. WONG YU TSAI AND ANOTHER
Parties
Petitioner: TSUI SZE WAI, SAMMY; 1st Respondent: WONG YU TSAI; 2nd Respondent: COSMOS CAPITAL DEVELOPMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 2006
Case Number
HCMP357/2006
Procedural Posture
Companies Ordinance Petition Under Section 168 a / Chambers Hearing on Interlocutory Summons Concerning Undertakings and Disclosure
Outcome
Summons granted in part: affidavit and production order made; joint signatory application adjourned; costs awarded to petitioner.
Legal Topics
Section 168 a Companies Ordinance, Undertakings to the Court, Disclosure and Affidavit Orders, Asset Preservation/receipt of Project Funds
Source Language
EN
Company Law Civil Procedure Equity Section 168 a Companies Ordinance Undertakings to the Court Disclosure and Affidavit Orders Asset Preservation/receipt of Project Funds

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Parties

TSUI SZE WAI, SAMMY

Petitioner

WONG YU TSAI

1st Respondent

COSMOS CAPITAL DEVELOPMENT LIMITED

2nd Respondent

Procedural Posture

Companies Ordinance Petition Under Section 168 a / Chambers Hearing on Interlocutory Summons Concerning Undertakings and Disclosure

Legal Issues

  1. 1 Whether the 1st respondent breached undertakings given to the court
  2. 2 Whether the 1st respondent must disclose receipts and account particulars and produce supporting documents
  3. 3 Whether the petitioner should be added as a joint signatory to the designated account

Ratio Decidendi

There was a prima facie breach of the undertaking to deposit income from the Project into the designated account; therefore the court ordered the 1st respondent to file an affidavit within 14 days detailing receipts, account particulars and disposals and to produce supporting documents including bank statements, adjourned the joint‑signatory relief for lack of appearance, and awarded costs to the petitioner.

Court Disposition

Summons granted in part: affidavit and production order made; joint signatory application adjourned; costs awarded to petitioner.

Orders

  • 1st respondent to file and serve an affidavit within 14 days deposing whether SH has since 10 August 2006 received or been entitled to receive any income or profits from the Project and producing all relevant supporting documents including bank statements.
  • Affidavit to state what amount was received and into which bank account(s) such sums were deposited and to state what interests of SH in the Project have been disposed of with full details of to whom, how and when such disposals were made.