CHUNG SHAN INVESTMENT AND DEVELOPMENT CO LTD v. PIONEER METALS HOLDINGS CO LTD AND OTHERS

CHUNG SHAN INVESTMENT AND DEVELOPMENT CO LTD v. PIONEER METALS HOLDINGS CO LTD AND OTHERS

The Company was responsible for the erroneous draft order and for not providing timely and adequate financial information; therefore the Company must pay the Petitioner's costs of the validation application, the 10 January 2008 hearing and the costs thrown away by the adjournment; an order nisi was made for costs of the Petitioner's additional written submissions dated 30 September 2008, all to be taxed party and party if not agreed.

Citation
CHUNG SHAN INVESTMENT AND DEVELOPMENT CO LTD v. PIONEER METALS HOLDINGS CO LTD AND OTHERS
Parties
Petitioner: Chung Shan Investment and Development Company Limited; 1st Respondent: Pioneer Metals Holdings Company Limited; 2nd Respondent: Winease Investments Limited; 3rd Respondent: Pioneer Metals Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2008
Case Number
HCMP2104/2007
Procedural Posture
Petition Under Companies Ordinance (s.168 a and S.177(1)(f)) / Judgment on Costs
Outcome
Company ordered to pay Petitioner's costs of the validation application, the 10 January 2008 hearing and costs thrown away by the adjournment; order nisi for costs of Petitioner's additional written submissions dated 30 September 2008.
Legal Topics
Validation Order, Winding Up, Striking Out, Interim Relief, Costs Order, Shareholder Disputes
Source Language
EN
Company Law Civil Procedure Costs Validation Order Winding Up Striking Out Interim Relief Costs Order +1 more

Case Brief

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Parties

Chung Shan Investment and Development Company Limited

Petitioner

Pioneer Metals Holdings Company Limited

1st Respondent

Winease Investments Limited

2nd Respondent

Pioneer Metals Company Limited

3rd Respondent

Procedural Posture

Petition Under Companies Ordinance (s.168 a and S.177(1)(f)) / Judgment on Costs

Legal Issues

  1. 1 Whether the interim validation order as sealed was erroneous and who bears responsibility for that error
  2. 2 Whether the Company should pay the Petitioner's costs of the validation application and related hearings
  3. 3 Whether the Company could recover costs for attending the striking out hearing

Ratio Decidendi

The Company was responsible for the erroneous draft order and for not providing timely and adequate financial information; therefore the Company must pay the Petitioner's costs of the validation application, the 10 January 2008 hearing and the costs thrown away by the adjournment; an order nisi was made for costs of the Petitioner's additional written submissions dated 30 September 2008, all to be taxed party and party if not agreed.

Court Disposition

Company ordered to pay Petitioner's costs of the validation application, the 10 January 2008 hearing and costs thrown away by the adjournment; order nisi for costs of Petitioner's additional written submissions dated 30 September 2008.

Orders

  • The Company is to pay the Petitioner's costs of the validation application made by summons dated 21 November 2007.
  • The Company is to pay the Petitioner's costs of the applications heard on 10 January 2008 and the costs thrown away as a result of the adjournment scheduled for 11 January 2008.