RE DIANOOR JEWELCRAFT LTD

RE DIANOOR JEWELCRAFT LTD

The directors were acting on behalf of the companies under the court's exception and therefore cannot be ordered to pay costs personally for the validation order and provisional liquidator applications; those costs are payable by the respective companies as expenses of liquidation. Petitioners and Receivers are entitled to their costs of the validation applications and the Receivers are entitled to costs of the provisional liquidator applications. The Jersey Receivers' costs in HCMP 789/2008 are payable by the 3rd and 4th defendants to the plaintiffs, taxed party and party.

Citation
RE DIANOOR JEWELCRAFT LTD
Parties
Plaintiff (joint Receiver and Manager): Kevin Roy Mawer; Plaintiff (joint Receiver and Manager): Richard Dixon Fleming; 1st Defendant: Wani Mohamed Hussain; 2nd Defendant: Aiyer Vembu Subramaniam; 3rd Defendant: Dianoor International Limited; 4th Defendant: Dianoor Jewelcraft Limited; 5th Defendant: Checkers Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2012
Case Number
HCCW577/2008
Procedural Posture
Companies Winding Up / Decision on Costs (15 June 2012)
Outcome
Costs orders made in favour of the Petitioners, the Receivers and the Jersey Receivers as set out below
Legal Topics
Winding Up, Provisional Liquidators, Validation Orders, Costs Orders, Receivership
Source Language
EN
Company Law Insolvency Civil Procedure Costs Winding Up Provisional Liquidators Validation Orders Costs Orders +1 more

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 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kevin Roy Mawer

Plaintiff (joint Receiver and Manager)

Richard Dixon Fleming

Plaintiff (joint Receiver and Manager)

Wani Mohamed Hussain

1st Defendant

Aiyer Vembu Subramaniam

2nd Defendant

Dianoor International Limited

3rd Defendant

Dianoor Jewelcraft Limited

4th Defendant

Checkers Limited

5th Defendant

Procedural Posture

Companies Winding Up / Decision on Costs (15 June 2012)

Legal Issues

  1. 1 Whether directors (Aiyer and Wani) can be ordered to pay costs personally for validation order and provisional liquidator applications
  2. 2 Whether the petitioners are entitled to costs of the validation order applications
  3. 3 What order (if any) should be made as to costs in HCMP 789/2008

Ratio Decidendi

The directors were acting on behalf of the companies under the court's exception and therefore cannot be ordered to pay costs personally for the validation order and provisional liquidator applications; those costs are payable by the respective companies as expenses of liquidation. Petitioners and Receivers are entitled to their costs of the validation applications and the Receivers are entitled to costs of the provisional liquidator applications. The Jersey Receivers' costs in HCMP 789/2008 are payable by the 3rd and 4th defendants to the plaintiffs, taxed party and party.

Court Disposition

Costs orders made in favour of the Petitioners, the Receivers and the Jersey Receivers as set out below

Orders

  • In relation to the validation order applications in HCCW 576 and 577 of 2008: the Petitioners' and the Receivers' costs of the applications are to be taxed and paid to the Petitioners and the Receivers respectively as an expense of the liquidation of the company concerned.
  • In relation to the application for the appointment of provisional liquidators in HCCW 576/2008, HCCW 577/2008 and HCCW 27/2009: the Receivers' costs of the applications are to be taxed and paid to the Receivers as an expense of the liquidation of the company concerned.