FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

The court varied the costs order nisi: the Petitioner is entitled to the costs of the three sets of appeals including the reserved directions hearing; those Total Appeal Costs were summarily assessed at HK$700,000 payable within 14 days; specific responsibility for particular appeals was allocated among respondents as stated; costs of the Direction Summons were ordered in the cause; and the trivial Costs Summons was summarily assessed at HK$5,000 to be set off against sums payable to the Petitioner.

Citation
[2020] HKCFI 1051
Parties
Petitioner: Fung Tin Yau; 1st Respondent: Fung Tin Shing; 2nd Respondent: Fung Wing See; 3rd Respondent: Lai Ng Nui; 4th Respondent: Fung Wing Yan; 5th Respondent: Fung Wing Yin; 6th Respondent: Great Anchor International Limited; 7th Respondent: Maxfortune Trading Limited; 8th Respondent: Premium Management Limited; 9th Respondent: Wyse Investment Limited; 10th Respondent: Samdor Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2020
Case Number
HCA2225/2016
Procedural Posture
Companies (winding Up) Proceedings (consolidated Appeals and Ancillary Applications) / Decision on Costs / Summary Assessment
Outcome
Costs orders nisi varied and costs summarily assessed as set out below
Legal Topics
Winding Up, Costs Assessment, Summary Assessment, Direction Summons, Strike Out Applications, Apportionment of Costs
Source Language
EN
Company Law Civil Procedure Costs and Taxation Appeals Winding Up Costs Assessment Summary Assessment Direction Summons +2 more

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Parties

Fung Tin Yau

Petitioner

Fung Tin Shing

1st Respondent

Fung Wing See

2nd Respondent

Lai Ng Nui

3rd Respondent

Fung Wing Yan

4th Respondent

Fung Wing Yin

5th Respondent

Great Anchor International Limited

6th Respondent

Maxfortune Trading Limited

7th Respondent

Premium Management Limited

8th Respondent

Wyse Investment Limited

9th Respondent

Samdor Company Limited

10th Respondent

Procedural Posture

Companies (winding Up) Proceedings (consolidated Appeals and Ancillary Applications) / Decision on Costs / Summary Assessment

Legal Issues

  1. 1 Whether the costs order nisi should be varied to include reserved costs for the Directions Hearing
  2. 2 Proper quantum for the costs of three sets of appeals and reserved directions hearing
  3. 3 Whether appeals amounted to mere repetition of hearings before Masters or de novo hearings

Ratio Decidendi

The court varied the costs order nisi: the Petitioner is entitled to the costs of the three sets of appeals including the reserved directions hearing; those Total Appeal Costs were summarily assessed at HK$700,000 payable within 14 days; specific responsibility for particular appeals was allocated among respondents as stated; costs of the Direction Summons were ordered in the cause; and the trivial Costs Summons was summarily assessed at HK$5,000 to be set off against sums payable to the Petitioner.

Court Disposition

Costs orders nisi varied and costs summarily assessed as set out below

Orders

  • Petitioner shall have the costs of all three sets of appeals including the reserved costs for the Directions Hearing of 11 January 2019, to be summarily assessed
  • Costs of the appeals in respect of the 2078 Strike Out Summons to be borne by Madam Lai and Jenny