BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

The court ordered that the Yeungs pay the Tsangs' costs of the petitions on a party and party basis and the costs of the Yeungs' cross-petitions to the Tsangs on an indemnity basis (both taxed if not agreed), because the Yeungs' cross-petitions were largely without substance while the petitions involved facets on which the Tsangs did not succeed; the court declined to order the Yeungs personally to pay the provisional liquidators' remuneration and expenses, treating such costs as liabilities of the companies and refusing the exceptional relief sought against the Yeungs personally; no order as to costs of the costs hearing was made.

Citation
BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS
Parties
1st Petitioner (hccw 49 52); 1st Respondent (hccw 130 133): BEATRICE TSANG SAU HING; 2nd Petitioner (hccw 49 52); 2nd Respondent (hccw 130 133): LUANA TSANG SAU KUEN; 1st Respondent (hccw 49 52); 1st Petitioner (hccw 130 133): YUENG MAN LOONG MAXLY; 2nd Respondent (hccw 49 52); 2nd Petitioner (hccw 130 133): YEUNG MAN FUNG; 3rd Respondent (hccw 49 52): LO WAI YIN; 4th Respondent (hccw 49 52): YEUNG TUNG SHING; 5th Respondent (hccw 49/2006); 4th Respondent (hccw 130/2007): GOLD PLEASURE INDUSTRIAL COMPANY LIMITED; 5th Respondent (hccw 50/2006); 4th Respondent (hccw 131/2007): TOPVILLE INDUSTRIAL COMPANY LIMITED; 5th Respondent (hccw 51/2006); 4th Respondent (hccw 132/2007): SUNVILLE INVESTMENT COMPANY LIMITED; 5th Respondent (hccw 52/2006); 4th Respondent (hccw 133/2007): BOVILLE INDUSTRIAL COMPANY LIMITED; 3rd Respondent (hccw 130 133): TSANG HON KONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2008
Case Number
HCCW52/2006
Procedural Posture
Companies (winding Up) / Costs Hearing Following Judgment and Orders for Winding Up
Legal Topics
Winding Up, Just and Equitable Ground, Section 177(1)(f), Section 168 a, Indemnity Costs, Provisional Liquidators, Taxation of Costs
Source Language
EN
Company Law Insolvency Civil Procedure Costs Law Winding Up Just and Equitable Ground Section 177(1)(f) Section 168 a +3 more

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Parties

BEATRICE TSANG SAU HING

1st Petitioner (hccw 49 52); 1st Respondent (hccw 130 133)

LUANA TSANG SAU KUEN

2nd Petitioner (hccw 49 52); 2nd Respondent (hccw 130 133)

YUENG MAN LOONG MAXLY

1st Respondent (hccw 49 52); 1st Petitioner (hccw 130 133)

YEUNG MAN FUNG

2nd Respondent (hccw 49 52); 2nd Petitioner (hccw 130 133)

LO WAI YIN

3rd Respondent (hccw 49 52)

YEUNG TUNG SHING

4th Respondent (hccw 49 52)

GOLD PLEASURE INDUSTRIAL COMPANY LIMITED

5th Respondent (hccw 49/2006); 4th Respondent (hccw 130/2007)

TOPVILLE INDUSTRIAL COMPANY LIMITED

5th Respondent (hccw 50/2006); 4th Respondent (hccw 131/2007)

SUNVILLE INVESTMENT COMPANY LIMITED

5th Respondent (hccw 51/2006); 4th Respondent (hccw 132/2007)

BOVILLE INDUSTRIAL COMPANY LIMITED

5th Respondent (hccw 52/2006); 4th Respondent (hccw 133/2007)

TSANG HON KONG

3rd Respondent (hccw 130 133)

Procedural Posture

Companies (winding Up) / Costs Hearing Following Judgment and Orders for Winding Up

Legal Issues

  1. 1 Incidence and basis of taxation of costs of the Tsangs' petitions
  2. 2 Basis of taxation of the Yeungs' cross-petitions
  3. 3 Whether provisional liquidators' remuneration and expenses should be payable personally by the Yeungs or by the companies

Ratio Decidendi

The court ordered that the Yeungs pay the Tsangs' costs of the petitions on a party and party basis and the costs of the Yeungs' cross-petitions to the Tsangs on an indemnity basis (both taxed if not agreed), because the Yeungs' cross-petitions were largely without substance while the petitions involved facets on which the Tsangs did not succeed; the court declined to order the Yeungs personally to pay the provisional liquidators' remuneration and expenses, treating such costs as liabilities of the companies and refusing the exceptional relief sought against the Yeungs personally; no order as to costs of the costs hearing was made.