LEE MAN BIU AND OTHERS v. HUNG WAN HOI GILBERTAND OTHERS

LEE MAN BIU AND OTHERS v. HUNG WAN HOI GILBERTAND OTHERS

Because the Respondents' petition succeeded only against the 1st Petitioner and the court expressly declined to make a buyout order against the 2nd and 3rd Petitioners, the result as between the Respondents and the 2nd and 3rd Petitioners was effectively a draw; accordingly costs should follow the event and the costs order nisi was varied so that the 1st Petitioner pays the costs and there is no order as to costs between the 2nd and 3rd Petitioners and the Respondents.

Citation
[2019] HKCFI 400
Parties
1st Petitioner (hccw 281/2014); 1st Respondent (hccw 372/2014): LEE MAN BIU; 2nd Petitioner (hccw 281/2014); 2nd Respondent (hccw 372/2014): YEUNG CHI LING; 3rd Petitioner (hccw 281/2014); 3rd Respondent (hccw 372/2014): LEE HO YIN; 1st Respondent (hccw 281/2014); 1st Petitioner (hccw 372/2014): HUNG WAN HOI GILBERT; 2nd Respondent (hccw 281/2014); 2nd Petitioner (hccw 372/2014): CHAU TAK CHEONG; 3rd Respondent (hccw 281/2014); 3rd Petitioner (hccw 372/2014): LEE CHE FUNG; 4th Respondent (hccw 281/2014); 4th Petitioner (hccw 372/2014): CHENG PIK WAN STEPHINE; 5th Respondent (hccw 281/2014); 5th Petitioner (hccw 372/2014): CHENG PIK YUK REBECCA; 6th Respondent (hccw 281/2014); 4th Respondent (hccw 372/2014): GLOBAL ECO RESOURCE LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 January 2019
Case Number
HCCW281/2014
Procedural Posture
Companies (winding Up) Proceedings / Application to Vary Costs Order Nisi; Decision on Costs
Outcome
Application granted
Legal Topics
Winding Up, Costs Orders, Order Nisi, Allocation of Costs Between Co‑litigants, Variation of Costs Order
Source Language
EN
Company Law Civil Procedure Costs Winding Up Costs Orders Order Nisi Allocation of Costs Between Co‑litigants Variation of Costs Order

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Parties

LEE MAN BIU

1st Petitioner (hccw 281/2014); 1st Respondent (hccw 372/2014)

YEUNG CHI LING

2nd Petitioner (hccw 281/2014); 2nd Respondent (hccw 372/2014)

LEE HO YIN

3rd Petitioner (hccw 281/2014); 3rd Respondent (hccw 372/2014)

HUNG WAN HOI GILBERT

1st Respondent (hccw 281/2014); 1st Petitioner (hccw 372/2014)

CHAU TAK CHEONG

2nd Respondent (hccw 281/2014); 2nd Petitioner (hccw 372/2014)

LEE CHE FUNG

3rd Respondent (hccw 281/2014); 3rd Petitioner (hccw 372/2014)

CHENG PIK WAN STEPHINE

4th Respondent (hccw 281/2014); 4th Petitioner (hccw 372/2014)

CHENG PIK YUK REBECCA

5th Respondent (hccw 281/2014); 5th Petitioner (hccw 372/2014)

GLOBAL ECO RESOURCE LIMITED

6th Respondent (hccw 281/2014); 4th Respondent (hccw 372/2014)

Procedural Posture

Companies (winding Up) Proceedings / Application to Vary Costs Order Nisi; Decision on Costs

Legal Issues

  1. 1 Whether the costs order nisi should be varied so that only the 1st Petitioner pays the costs
  2. 2 Whether costs should follow the event as between co‑petitioners who are family members
  3. 3 Whether the short delay in making the variation application should be excused

Ratio Decidendi

Because the Respondents' petition succeeded only against the 1st Petitioner and the court expressly declined to make a buyout order against the 2nd and 3rd Petitioners, the result as between the Respondents and the 2nd and 3rd Petitioners was effectively a draw; accordingly costs should follow the event and the costs order nisi was varied so that the 1st Petitioner pays the costs and there is no order as to costs between the 2nd and 3rd Petitioners and the Respondents.

Court Disposition

Application granted

Orders

  • The 1st Petitioner do pay the Respondents the costs of both sets of proceedings.
  • There be no order as to costs as between the 2nd and 3rd Petitioners and the Respondents.