LI TIN SANG ADAM v. POON BUN CHAK AND OTHERS

LI TIN SANG ADAM v. POON BUN CHAK AND OTHERS

Although the 5th respondent would have succeeded in setting aside service had no leave been obtained, the petitioner had obtained ex parte leave to serve out of the jurisdiction and service upon the 5th respondent’s registered agent in the BVI was proved; considering the interests of justice and absence of significant prejudice, the court permitted the late affidavit, held service valid, dismissed the 5th respondent’s application and made a limited costs order nisi (costs to the 5th respondent up to the date of the master’s ex parte leave; thereafter no order).

Citation
LI TIN SANG ADAM v. POON BUN CHAK AND OTHERS
Parties
Petitioner: Li Tin Sang Adam; 1st Respondent: Poon Bun Chak; 2nd Respondent: Poon Kai Chak; 3rd Respondent: Poon Kei Chak; 4th Respondent: Poon Kwan Chak; 5th Respondent / Applicant: Farrow Star Limited; 6th Respondent / Company the Subject of Petition: Giant Wizard Corporation
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 2005
Case Number
HCCW1196/2004
Procedural Posture
Companies Winding Up Proceedings (petition to Wind Up a BVI Company) / Chambers Hearing on Summons to Set Aside Service; Judgment on Application and Costs (order Nisi)
Outcome
Application by 5th respondent dismissed; leave granted to petitioner to file further affirmation; service on 5th respondent proved; order nisi as to costs
Legal Topics
Service of Process, Jurisdiction, Winding Up of Unregistered Companies, Ex Parte Relief, Leave to Serve Out of Jurisdiction, Costs
Source Language
EN
Company Law Civil Procedure Private International Law Service of Process Jurisdiction Winding Up of Unregistered Companies Ex Parte Relief Leave to Serve Out of Jurisdiction +1 more

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Parties

Li Tin Sang Adam

Petitioner

Poon Bun Chak

1st Respondent

Poon Kai Chak

2nd Respondent

Poon Kei Chak

3rd Respondent

Poon Kwan Chak

4th Respondent

Farrow Star Limited

5th Respondent / Applicant

Giant Wizard Corporation

6th Respondent / Company the Subject of Petition

Procedural Posture

Companies Winding Up Proceedings (petition to Wind Up a BVI Company) / Chambers Hearing on Summons to Set Aside Service; Judgment on Application and Costs (order Nisi)

Legal Issues

  1. 1 Whether the 5th respondent was validly served out of the jurisdiction
  2. 2 Whether leave obtained ex parte to serve out of jurisdiction should be set aside
  3. 3 Whether statutory exemptions permit service without leave (Order 11 r 2 and Companies Ordinance s327)

Ratio Decidendi

Although the 5th respondent would have succeeded in setting aside service had no leave been obtained, the petitioner had obtained ex parte leave to serve out of the jurisdiction and service upon the 5th respondent’s registered agent in the BVI was proved; considering the interests of justice and absence of significant prejudice, the court permitted the late affidavit, held service valid, dismissed the 5th respondent’s application and made a limited costs order nisi (costs to the 5th respondent up to the date of the master’s ex parte leave; thereafter no order).

Court Disposition

Application by 5th respondent dismissed; leave granted to petitioner to file further affirmation; service on 5th respondent proved; order nisi as to costs

Orders

  • Application by Farrow Star Limited to set aside service dismissed
  • Leave granted to petitioner to file additional affirmation proving service on registered agent in the BVI