Re Shun Kwong Investment & Trust Co. Ltd.

Re Shun Kwong Investment & Trust Co. Ltd.

Leave granted to the 4th petitioner to withdraw and to withdraw allegations in her affidavit; the adjournment sought on 25 November 2000 was unnecessary and an abuse of process, therefore the 1st to 3rd petitioners must bear the costs occasioned by that adjournment on an indemnity basis; otherwise no order as to costs of the withdrawal application.

Citation
Re Shun Kwong Investment & Trust Co. Ltd.
Parties
Petitioners: 1st to 3rd Petitioners; Petitioner: 4th Petitioner; Respondent Company: Shun Kwong Investment & Trust Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2000
Case Number
HCCW958/2000
Procedural Posture
Companies Winding Up Proceedings / Hearing/decision on Application to Withdraw Petition (chambers)
Outcome
4th petitioner granted leave to withdraw; costs allocated against 1st to 3rd petitioners for the wasted adjournment on indemnity basis; no other costs order.
Legal Topics
Winding Up, Withdrawal of Petition, Costs (indemnity), Authority of Solicitor and Power of Attorney, Abuse of Process
Source Language
EN
Company Law Civil Procedure Winding Up Withdrawal of Petition Costs (indemnity) Authority of Solicitor and Power of Attorney Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

1st to 3rd Petitioners

Petitioners

4th Petitioner

Petitioner

Shun Kwong Investment & Trust Company Limited

Respondent Company

Procedural Posture

Companies Winding Up Proceedings / Hearing/decision on Application to Withdraw Petition (chambers)

Legal Issues

  1. 1 Whether the 4th petitioner could withdraw from the winding-up petition
  2. 2 Effect and relevance of a Power of Attorney executed by the 4th petitioner
  3. 3 Proper allocation and scale of costs arising from an unnecessary adjournment

Ratio Decidendi

Leave granted to the 4th petitioner to withdraw and to withdraw allegations in her affidavit; the adjournment sought on 25 November 2000 was unnecessary and an abuse of process, therefore the 1st to 3rd petitioners must bear the costs occasioned by that adjournment on an indemnity basis; otherwise no order as to costs of the withdrawal application.

Court Disposition

4th petitioner granted leave to withdraw; costs allocated against 1st to 3rd petitioners for the wasted adjournment on indemnity basis; no other costs order.

Orders

  • Leave to the 4th petitioner to withdraw as a petitioner and to withdraw the allegations made in her affidavit filed on 23 October 2000.
  • No order as to the costs of the application to withdraw save that the 4th petitioner′s costs after 25 November 2000 shall be paid by the 1st to 3rd petitioners to be taxed on an indemnity basis if not agreed.