MELVIN WAXMAN AND ANOTHER v. WDI INTERNATIONAL (HK) LTD AND ANOTHER

MELVIN WAXMAN AND ANOTHER v. WDI INTERNATIONAL (HK) LTD AND ANOTHER

The court dismissed the withdrawn proceedings and ordered the Waxmans to pay the costs on an indemnity basis with a certificate for two counsel because withdrawal does not remove the usual obligation to pay costs and no exception (such as the defendant having complied with the relief sought) applied.

Source-derived case information.

Citation
MELVIN WAXMAN AND ANOTHER v. WDI INTERNATIONAL (HK) LTD AND ANOTHER
Parties
Petitioner: Melvin Waxman; 1st Respondent: Li Fei Yu; 2nd Respondent: WDI International (HK) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2015
Case Number
HCMP743/2015
Procedural Posture
Miscellaneous Proceedings (company Law) / Chambers Decision on Withdrawal and Costs
Outcome
Various proceedings and applications dismissed
Legal Topics
Unfair Prejudice, Withdrawal of Proceedings, Costs, Annual General Meeting, Directors' Appointment
Source Language
en
Company Law Civil Procedure Unfair Prejudice Withdrawal of Proceedings Costs Annual General Meeting Directors' Appointment

Source-derived case record

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Parties

Melvin Waxman

Petitioner

Li Fei Yu

1st Respondent

WDI International (HK) Limited

2nd Respondent

Procedural Posture

Miscellaneous Proceedings (company Law) / Chambers Decision on Withdrawal and Costs

Legal Issues

  1. 1 Whether the Waxmans could withdraw their proceedings without being ordered to pay costs
  2. 2 Whether the court should inquire into the substantive merits when withdrawal is sought
  3. 3 Validity of director appointment resolution (raised but not decided)

Ratio Decidendi

The court dismissed the withdrawn proceedings and ordered the Waxmans to pay the costs on an indemnity basis with a certificate for two counsel because withdrawal does not remove the usual obligation to pay costs and no exception (such as the defendant having complied with the relief sought) applied.

Court Disposition

Various proceedings and applications dismissed

Orders

  • The various proceedings and applications are dismissed
  • Costs are to be paid by the Waxmans on an indemnity basis with a certificate for two counsel