DANIEL ISAAC HENRI MIMOUN AND OTHERS v. DRAGON CONCEPT HK LTD AND OTHERS

DANIEL ISAAC HENRI MIMOUN AND OTHERS v. DRAGON CONCEPT HK LTD AND OTHERS

The petition was dismissed because the petitioners failed to provide the court‑ordered security of HK$700,000 and had not prosecuted the petition for a prolonged period, amounting to abandonment; costs were awarded to the 2nd respondent and the sum of approximately HK$1.52 million paid into court was ordered released to the company.

Citation
[2020] HKCFI 2535
Parties
1st Petitioner: Daniel Isaac Henri Mimoun; 2nd Petitioner: Raphaël Vittorio Mimoun; 3rd Petitioner: Excel Future Development Limited; 1st Respondent: Dragon Concept HK Limited; 2nd Respondent: Cameron Investments Limited; 3rd Respondent: Franck David Isaac Berrebi; Beneficiary/petitioner: Axelle Liza Dya Mimoun; Beneficiary/petitioner: Tiffany Fortune Marine Mimoun; Beneficiary/petitioner: Simon Sacha Mimoun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2020
Case Number
HCCW434/2012
Procedural Posture
Companies (winding Up) Proceedings / Decision on Summons Dated 3 July 2020 (application to Dismiss Petition and for Payment Out of Funds)
Outcome
Petition dismissed
Legal Topics
Winding Up, Security for Costs, Dismissal for Want of Prosecution, Service Out of Jurisdiction, Payment Out of Funds in Court, Costs
Source Language
EN
Company Law Civil Procedure Winding Up Security for Costs Dismissal for Want of Prosecution Service Out of Jurisdiction Payment Out of Funds in Court Costs

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Parties

Daniel Isaac Henri Mimoun

1st Petitioner

Raphaël Vittorio Mimoun

2nd Petitioner

Excel Future Development Limited

3rd Petitioner

Dragon Concept HK Limited

1st Respondent

Cameron Investments Limited

2nd Respondent

Franck David Isaac Berrebi

3rd Respondent

Axelle Liza Dya Mimoun

Beneficiary/petitioner

Tiffany Fortune Marine Mimoun

Beneficiary/petitioner

Simon Sacha Mimoun

Beneficiary/petitioner

Procedural Posture

Companies (winding Up) Proceedings / Decision on Summons Dated 3 July 2020 (application to Dismiss Petition and for Payment Out of Funds)

Legal Issues

  1. 1 Whether the petition should be dismissed for failure to provide security for costs as ordered
  2. 2 Whether the petition should be dismissed for want of prosecution/abandonment
  3. 3 Whether funds paid into court should be paid out to the company

Ratio Decidendi

The petition was dismissed because the petitioners failed to provide the court‑ordered security of HK$700,000 and had not prosecuted the petition for a prolonged period, amounting to abandonment; costs were awarded to the 2nd respondent and the sum of approximately HK$1.52 million paid into court was ordered released to the company.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Costs awarded against the petitioners to the 2nd respondent