FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

The court accepted that the appeals were properly approached as de novo hearings and not mere regurgitations of the Masters' hearings, applied a broad‑brush summary assessment to reduce excessive claimed professional time and counsel fees, varied the costs order nisi accordingly, ordered that costs of the Direction Summons be in the cause, and summarily assessed the Total Appeal Costs at HK$700,000 and the Costs Summons at HK$5,000 (to be set off against sums payable to the Petitioner).

Citation
[2020] HKCFI 1051
Parties
Petitioner: FUNG TIN YAU; 1st Respondent: FUNG TIN SHING; 2nd Respondent: FUNG WING SEE; 3rd Respondent: LAI NG NUI; 4th Respondent: FUNG WING YAN; 5th Respondent: FUNG WING YIN; 6th Respondent: GREAT ANCHOR INTERNATIONAL LIMITED; 7th Respondent: MAXFORTUNE TRADING LIMITED; 8th Respondent: PREMIUM MANAGEMENT LIMITED; 9th Respondent: WYSE INVESTMENT LIMITED; 10th Respondent: SAMDOR COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2020
Case Number
HCA2999/2017
Procedural Posture
Companies (winding‑up) Proceedings and Related Consolidated Actions / Costs Decision on Appeals, Direction Summons and Costs Summons (post‑appeal)
Outcome
Costs order nisi varied; summary assessments made and specific costs orders imposed
Legal Topics
Winding Up, Costs Assessment, Summary Assessment of Costs, Directions Summons, Strike Out Applications, Consent Summons, Certificate for Two Counsel
Source Language
EN
Company Law Civil Procedure Costs and Taxation Appellate Procedure Winding Up Costs Assessment Summary Assessment of Costs Directions Summons +3 more

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Parties

FUNG TIN YAU

Petitioner

FUNG TIN SHING

1st Respondent

FUNG WING SEE

2nd Respondent

LAI NG NUI

3rd Respondent

FUNG WING YAN

4th Respondent

FUNG WING YIN

5th Respondent

GREAT ANCHOR INTERNATIONAL LIMITED

6th Respondent

MAXFORTUNE TRADING LIMITED

7th Respondent

PREMIUM MANAGEMENT LIMITED

8th Respondent

WYSE INVESTMENT LIMITED

9th Respondent

SAMDOR COMPANY LIMITED

10th Respondent

Procedural Posture

Companies (winding‑up) Proceedings and Related Consolidated Actions / Costs Decision on Appeals, Direction Summons and Costs Summons (post‑appeal)

Legal Issues

  1. 1 Whether the costs order nisi should be varied to include reserved costs for the Directions Hearing on 11 January 2019
  2. 2 Quantum of costs for the 3 sets of appeals and whether the fees claimed were excessive
  3. 3 Whether the appeals were mere repetition of hearings before the Masters or properly de novo

Ratio Decidendi

The court accepted that the appeals were properly approached as de novo hearings and not mere regurgitations of the Masters' hearings, applied a broad‑brush summary assessment to reduce excessive claimed professional time and counsel fees, varied the costs order nisi accordingly, ordered that costs of the Direction Summons be in the cause, and summarily assessed the Total Appeal Costs at HK$700,000 and the Costs Summons at HK$5,000 (to be set off against sums payable to the Petitioner).

Court Disposition

Costs order nisi varied; summary assessments made and specific costs orders imposed

Orders

  • Petitioner shall have the costs of all 3 sets of appeals, including reserved costs for the Directions Hearing of 11 January 2019, to be summarily assessed
  • Costs of the appeals in respect of the 2078 strike out summons to be borne by Madam Lai and Jenny