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

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

The court ordered that the Yeungs pay the Tsangs' costs of the petitions to be taxed on the party and party basis and the costs of the Yeungs' cross-petitions to be paid to the Tsangs and taxed on the indemnity basis (in default of agreement). The court refused to order the Yeungs personally to pay the provisional liquidators' remuneration and expenses, holding those costs should be borne by the companies as part of the liquidation; no order was made as to costs of the costs hearing. The orders rested on findings that the cross-petitions were largely unfounded (justifying indemnity costs) while the Tsangs succeeded on the central event (winding up) but had advanced some issues on which...

Citation
YUENG MAN LOONG MAXLY AND ANOTHER v. TSANG SAU HING BEATRICE AND OTHERS
Parties
1st Petitioner (hccw 49 52/2006) and 1st Respondent (hccw 130 133/2007): Beatrice Tsang Sau Hing; 2nd Petitioner (hccw 49 52/2006) and 2nd Respondent (hccw 130 133/2007): Luana Tsang Sau Kuen; 1st Respondent (hccw 49 52/2006) and 1st Petitioner (hccw 130 133/2007): Yueng Man Loong Maxly; 2nd Respondent (hccw 49 52/2006) and 2nd Petitioner (hccw 130 133/2007): Yeung Man Fung; 3rd Respondent (hccw 49 52/2006): Lo Wai Yin; 4th Respondent (hccw 49 52/2006): Yeung Tung Shing; 3rd Respondent (hccw 130 133/2007): Tsang Hon Kong; 5th Respondent (hccw 49 52/2006) and 4th Respondent (hccw 130 133/2007): Gold Pleasure Industrial Company Limited; 5th Respondent (hccw 50/2006) and 4th Respondent (hccw 131/2007): Topville Industrial Company Limited; 5th Respondent (hccw 51/2006) and 4th Respondent (hccw 132/2007): Sunville Investment Company Limited; 5th Respondent (hccw 52/2006) and 4th Respondent (hccw 133/2007): Boville Industrial Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2008
Case Number
HCCW133/2007
Procedural Posture
Companies (winding Up) / Post Judgment Costs Hearing and Judgment on Costs (12 March 2008)
Outcome
Costs awarded against the Yeungs in favour of the Tsangs with differing bases of taxation; provisional liquidators' fees not ordered to be paid by the Yeungs personally; no order for costs of the costs hearing.
Legal Topics
Winding Up, Just and Equitable Ground, Costs, Indemnity Costs, Provisional Liquidators, Shareholder Disputes, Section 168 a, Section 177(1)(f)
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Just and Equitable Ground Costs Indemnity Costs Provisional Liquidators +3 more

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Parties

Beatrice Tsang Sau Hing

1st Petitioner (hccw 49 52/2006) and 1st Respondent (hccw 130 133/2007)

Luana Tsang Sau Kuen

2nd Petitioner (hccw 49 52/2006) and 2nd Respondent (hccw 130 133/2007)

Yueng Man Loong Maxly

1st Respondent (hccw 49 52/2006) and 1st Petitioner (hccw 130 133/2007)

Yeung Man Fung

2nd Respondent (hccw 49 52/2006) and 2nd Petitioner (hccw 130 133/2007)

Lo Wai Yin

3rd Respondent (hccw 49 52/2006)

Yeung Tung Shing

4th Respondent (hccw 49 52/2006)

Tsang Hon Kong

3rd Respondent (hccw 130 133/2007)

Gold Pleasure Industrial Company Limited

5th Respondent (hccw 49 52/2006) and 4th Respondent (hccw 130 133/2007)

Topville Industrial Company Limited

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

Sunville Investment Company Limited

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

Boville Industrial Company Limited

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

Procedural Posture

Companies (winding Up) / Post Judgment Costs Hearing and Judgment on Costs (12 March 2008)

Legal Issues

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

Ratio Decidendi

The court ordered that the Yeungs pay the Tsangs' costs of the petitions to be taxed on the party and party basis and the costs of the Yeungs' cross-petitions to be paid to the Tsangs and taxed on the indemnity basis (in default of agreement). The court refused to order the Yeungs personally to pay the provisional liquidators' remuneration and expenses, holding those costs should be borne by the companies as part of the liquidation; no order was made as to costs of the costs hearing. The orders rested on findings that the cross-petitions were largely unfounded (justifying indemnity costs) while the Tsangs succeeded on the central event (winding up) but had advanced some issues on which...

Court Disposition

Costs awarded against the Yeungs in favour of the Tsangs with differing bases of taxation; provisional liquidators' fees not ordered to be paid by the Yeungs personally; no order for costs of the costs hearing.

Orders

  • The Yeungs to pay the Tsangs the costs of the Tsangs' petitions to be taxed on the party and party basis if not agreed.
  • The Yeungs to pay the Tsangs the costs of the Yeungs' cross-petitions to be taxed on the indemnity basis in default of agreement.