CHEN YU CHEN AND ANOTHER v. CHEUNG KA YEE AND OTHERS

CHEN YU CHEN AND ANOTHER v. CHEUNG KA YEE AND OTHERS

Due to over seven years of delay and want of prosecution the court struck out the prayer for winding up; however the court adjourned the petition and related High Court actions to a date to be fixed to give the parties a final opportunity to show cause why the remaining reliefs (including those under s.168A) should not be struck out, and ordered parties to file evidence within 14 days; Official Receiver's costs of $10,700 were ordered paid from the petitioners' deposit.

Citation
CHEN YU CHEN AND ANOTHER v. CHEUNG KA YEE AND OTHERS
Parties
1st Petitioner: CHEN YU CHEN; 2nd Petitioner: YANG HSU FANG; 1st Respondent: CHEUNG KA YEE; 2nd Respondent: CHU WOOD TAI; 3rd Respondent: CHEUNG CHIU HUNG; 4th Respondent: CHEUNG KA YAN VITUS; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 September 2008
Case Number
HCCW56/1997
Procedural Posture
Companies (winding Up) Petition (hccw No.56 of 1997) With Related High Court Actions / Restoration/strike Out Directions Hearing to Determine Inordinate Delay and Want of Prosecution; Interlocutory Orders Made
Outcome
Prayer for winding up struck out; remaining proceedings adjourned to show cause why they should not be struck out for inordinate delay and want of prosecution; parties ordered to file evidence; Official Receiver's costs payable from petitioners' deposit.
Legal Topics
Winding Up, Quasi Partnership/unfair Exclusion, Strike Out for Inordinate Delay, Share Valuation, Stay Pending Related Proceedings, Costs
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Quasi Partnership/unfair Exclusion Strike Out for Inordinate Delay Share Valuation Stay Pending Related Proceedings +1 more

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Parties

CHEN YU CHEN

1st Petitioner

YANG HSU FANG

2nd Petitioner

CHEUNG KA YEE

1st Respondent

CHU WOOD TAI

2nd Respondent

CHEUNG CHIU HUNG

3rd Respondent

CHEUNG KA YAN VITUS

4th Respondent

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) Petition (hccw No.56 of 1997) With Related High Court Actions / Restoration/strike Out Directions Hearing to Determine Inordinate Delay and Want of Prosecution; Interlocutory Orders Made

Legal Issues

  1. 1 Whether the winding-up prayer should be granted notwithstanding over seven years of delay
  2. 2 Whether the winding-up petition should be struck out for inordinate delay and want of prosecution
  3. 3 Whether relief under section 168A (buy/sell of shares) should be preserved and proceeded with despite delay

Ratio Decidendi

Due to over seven years of delay and want of prosecution the court struck out the prayer for winding up; however the court adjourned the petition and related High Court actions to a date to be fixed to give the parties a final opportunity to show cause why the remaining reliefs (including those under s.168A) should not be struck out, and ordered parties to file evidence within 14 days; Official Receiver's costs of $10,700 were ordered paid from the petitioners' deposit.

Court Disposition

Prayer for winding up struck out; remaining proceedings adjourned to show cause why they should not be struck out for inordinate delay and want of prosecution; parties ordered to file evidence; Official Receiver's costs payable from petitioners' deposit.

Orders

  • Prayer in the petition for winding up struck out.
  • The petition in HCCW No.56 of 1997, High Court Action No.2167 of 2000 and High Court Action No.1461 of 1998 are adjourned to a date to be fixed with 2 hours reserved and given an early hearing date not earlier than 14 days from 22 September 2008; parties to appear and show cause why the three proceedings should not...