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 varied the previous costs orders: it held the Petitioner was entitled to the costs of the three sets of appeals including the reserved costs for the Directions Hearing, assessed those Total Appeal Costs summarily at HK$700,000 (allowing two counsel generally but reducing time and specific fees deemed excessive), ordered the costs of the Direction Summons to be in the cause, and summarily assessed the trivial Costs Summons at HK$5,000 to be set off against the appeal costs.

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
HCA133/2018
Procedural Posture
Companies (winding Up) Proceedings; Consolidated Appeals and Associated Costs Applications / Costs Decision (post Appeal)
Outcome
Costs orders varied and summarily assessed in favour of the Petitioner; costs allocated as specified; apportionment left to parties
Legal Topics
Winding Up, Costs Assessment, Directions Summons, Strike Out, Summary Assessment, Apportionment of Costs
Source Language
EN
Company Law Civil Procedure Costs Law Appeals Winding Up Costs Assessment Directions Summons Strike Out +2 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; Consolidated Appeals and Associated Costs Applications / Costs Decision (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 three sets of appeals and whether costs should be taxed down as repetition of earlier hearings
  3. 3 Whether costs of the Direction Summons should be ordered in the cause

Ratio Decidendi

The court varied the previous costs orders: it held the Petitioner was entitled to the costs of the three sets of appeals including the reserved costs for the Directions Hearing, assessed those Total Appeal Costs summarily at HK$700,000 (allowing two counsel generally but reducing time and specific fees deemed excessive), ordered the costs of the Direction Summons to be in the cause, and summarily assessed the trivial Costs Summons at HK$5,000 to be set off against the appeal costs.

Court Disposition

Costs orders varied and summarily assessed in favour of the Petitioner; costs allocated as specified; apportionment left to parties

Orders

  • The Petitioner is to have the costs of all three sets of appeals, including the 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