RE WING FAI CONSTRUCTION CO LTD

RE WING FAI CONSTRUCTION CO LTD

The examinee's unreasonable refusal to attend a voluntary interview necessitated the court-ordered section 221 examination; therefore, on the facts, the examinee must pay the liquidators' legal costs of the examination, to be taxed if not agreed.

Citation
RE WING FAI CONSTRUCTION CO LTD
Parties
Company: Wing Fai Construction Company Limited; Liquidators: Joint & Several Liquidators; Examinee: Mr Johnny Chuang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2005
Case Number
HCCW735/2002
Procedural Posture
Companies Winding Up (section 221 Examination) / Costs Decision (post Examination)
Outcome
Examinee ordered to pay the liquidators' legal costs of the examination, including the costs of this application for costs, to be taxed if not agreed.
Legal Topics
Section 221 Examination, Liquidators' Powers, Costs Orders, Witness Examination
Source Language
EN
Company Law Insolvency Civil Procedure Costs Section 221 Examination Liquidators' Powers Costs Orders Witness Examination

Case Brief

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Parties

Wing Fai Construction Company Limited

Company

Joint & Several Liquidators

Liquidators

Mr Johnny Chuang

Examinee

Procedural Posture

Companies Winding Up (section 221 Examination) / Costs Decision (post Examination)

Legal Issues

  1. 1 Whether the examinee should bear the liquidators' legal costs for the section 221 examination
  2. 2 Whether the examinee's refusal to attend a voluntary interview was reasonable
  3. 3 Whether the examinee's conduct justifies an adverse costs order

Ratio Decidendi

The examinee's unreasonable refusal to attend a voluntary interview necessitated the court-ordered section 221 examination; therefore, on the facts, the examinee must pay the liquidators' legal costs of the examination, to be taxed if not agreed.

Court Disposition

Examinee ordered to pay the liquidators' legal costs of the examination, including the costs of this application for costs, to be taxed if not agreed.

Orders

  • The Examinee pays the Liquidators their legal costs of the examination, including the costs of this application for costs, to be taxed if not agreed