TAN MAN KOU AND ANOTHER v. CHIME CORPORATION LTD AND OTHERS

TAN MAN KOU AND ANOTHER v. CHIME CORPORATION LTD AND OTHERS

The court exercised its discretion to grant a short extension to 13 November 2003 but refused to award costs to the 2nd respondent; instead it awarded costs to the petitioners on the basis that the 2nd respondent sought an indulgence, the petitioners were not at fault, and concerns about compliance justified the petitioners' conduct; the petitioners' costs are to be taxed on a trustee basis and paid out of the estate.

Citation
TAN MAN KOU AND ANOTHER v. CHIME CORPORATION LTD AND OTHERS
Parties
Petitioner (joint Administrator Pendente Lite of the Estate of WANG TEH Huei): TAN MAN KOU; Petitioner (joint Administrator Pendente Lite of the Estate of WANG TEH Huei): CHEUNG YAT MING; 1st Respondent: CHIME CORPORATION LIMITED; 2nd Respondent: NINA KUNG alias NINA T H WANG; 3rd Respondent: KUNG YAN SUM (formerly known as GONG XIAN XIN); 4th Respondent: FORUM EVER LIMITED; 5th Respondent: FOCUS PROFIT LIMITED; 6th Respondent: LIU YUAN CHUN; 7th Respondent: JOSEPH WING KONG LEUNG; 8th Respondent: CHAN KAM POR; 9th Respondent: KWOK KI LI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2003
Case Number
HCMP4146/2001
Procedural Posture
Companies Ordinance Proceeding (miscellaneous Proceedings) / Interlocutory Application Hearing
Outcome
Application granted in part: extension granted; costs awarded to petitioners and to be taxed on trustee basis and paid out of the estate.
Legal Topics
Administration of Estate, Extension of Time, Costs Order, Undertaking
Source Language
EN
Company Law Civil Procedure Costs Administration of Estate Extension of Time Costs Order Undertaking

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Parties

TAN MAN KOU

Petitioner (joint Administrator Pendente Lite of the Estate of WANG TEH Huei)

CHEUNG YAT MING

Petitioner (joint Administrator Pendente Lite of the Estate of WANG TEH Huei)

CHIME CORPORATION LIMITED

1st Respondent

NINA KUNG alias NINA T H WANG

2nd Respondent

KUNG YAN SUM (formerly known as GONG XIAN XIN)

3rd Respondent

FORUM EVER LIMITED

4th Respondent

FOCUS PROFIT LIMITED

5th Respondent

LIU YUAN CHUN

6th Respondent

JOSEPH WING KONG LEUNG

7th Respondent

CHAN KAM POR

8th Respondent

KWOK KI LI

9th Respondent

Procedural Posture

Companies Ordinance Proceeding (miscellaneous Proceedings) / Interlocutory Application Hearing

Legal Issues

  1. 1 Whether to extend the period for setting up the account pursuant to the prior order
  2. 2 Whether the 2nd respondent should be awarded the costs of the application
  3. 3 Whether an undertaking should be required from the 2nd respondent

Ratio Decidendi

The court exercised its discretion to grant a short extension to 13 November 2003 but refused to award costs to the 2nd respondent; instead it awarded costs to the petitioners on the basis that the 2nd respondent sought an indulgence, the petitioners were not at fault, and concerns about compliance justified the petitioners' conduct; the petitioners' costs are to be taxed on a trustee basis and paid out of the estate.

Court Disposition

Application granted in part: extension granted; costs awarded to petitioners and to be taxed on trustee basis and paid out of the estate.

Orders

  • The period for setting up the account by the 2nd respondent pursuant to paragraph 1 of the order dated 31 October 2003 is extended to 13 November 2003.
  • The costs of this application are awarded to the petitioners in any event.