DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

The Companies' summons of 12 September 2017 was premature because between 18 August and 12 September 2017 it was at least arguable that the court-appointed valuer's process, including supplemental reports, was not complete; accordingly the court exercised its discretion and ordered no costs as to the Companies' summons prior to 12 September 2017. The consent agreement that costs after 12 September 2017 be payable by the Petitioner to the Companies stands and the amended inter partes summons refiled 26 October 2017 is partly dismissed with specified no order as to costs.

Citation
DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Parties
Petitioner: Dennis Kwok Hon Ming; 1st Respondent: Poon Sui Cheong Albert; 2nd Respondent: Irene Tseng; 3rd Respondent: Yang Hong Ching Norris; 4th Respondent: Luo Ming Xin William; 5th Respondent: Law Wing Mei Helen; 6th Respondent: Asian Adventure Limited; 7th Respondent: Enchantment Properties Limited; 8th Respondent: China Funds Development Limited; 9th Respondent: Minloy Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2017
Case Number
HCMP1527/2013
Procedural Posture
Company Petition Under Section 168 A, Companies Ordinance (cap.32) / Interlocutory — Ruling on Costs and Applications for Delivery Up of Documents
Outcome
Costs order: costs incurred after 12 September 2017 payable by the Petitioner to the Companies (to be taxed if not agreed); costs incurred before 12 September 2017 — no order as to costs; amended inter partes summons (26 October 2017) — paragraph 2: no order as to costs; paragraph 1 dismissed; consent order recorded...
Legal Topics
Section 168 a Companies Ordinance, Costs of Interlocutory Proceedings, Expert Valuation Process, Discovery and Delivery Up of Documents, Prematurity of Applications, Consolidation of Proceedings
Source Language
EN
Company Law Civil Procedure Costs Section 168 a Companies Ordinance Costs of Interlocutory Proceedings Expert Valuation Process Discovery and Delivery Up of Documents Prematurity of Applications +1 more

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Parties

Dennis Kwok Hon Ming

Petitioner

Poon Sui Cheong Albert

1st Respondent

Irene Tseng

2nd Respondent

Yang Hong Ching Norris

3rd Respondent

Luo Ming Xin William

4th Respondent

Law Wing Mei Helen

5th Respondent

Asian Adventure Limited

6th Respondent

Enchantment Properties Limited

7th Respondent

China Funds Development Limited

8th Respondent

Minloy Limited

9th Respondent

Procedural Posture

Company Petition Under Section 168 A, Companies Ordinance (cap.32) / Interlocutory — Ruling on Costs and Applications for Delivery Up of Documents

Legal Issues

  1. 1 Whether the Companies' summons issued on 12 September 2017 was premature given ongoing valuation processes
  2. 2 Who should bear the costs of the Companies' summons and other interlocutory applications before 12 September 2017
  3. 3 Disposition of the amended inter partes summons refiled 26 October 2017

Ratio Decidendi

The Companies' summons of 12 September 2017 was premature because between 18 August and 12 September 2017 it was at least arguable that the court-appointed valuer's process, including supplemental reports, was not complete; accordingly the court exercised its discretion and ordered no costs as to the Companies' summons prior to 12 September 2017. The consent agreement that costs after 12 September 2017 be payable by the Petitioner to the Companies stands and the amended inter partes summons refiled 26 October 2017 is partly dismissed with specified no order as to costs.

Court Disposition

Costs order: costs incurred after 12 September 2017 payable by the Petitioner to the Companies (to be taxed if not agreed); costs incurred before 12 September 2017 — no order as to costs; amended inter partes summons (26 October 2017) — paragraph 2: no order as to costs; paragraph 1 dismissed; consent order recorded...

Orders

  • Costs incurred after 12 September 2017 payable by the Petitioner to the Companies, to be taxed if not agreed.
  • No order as to costs for the Companies' summons in respect of costs incurred before 12 September 2017.