RE BEAUTIFUL CORPORATION LTD (In Liquidation)

RE BEAUTIFUL CORPORATION LTD (In Liquidation)

The judge found that Ms Hua did not comply with the disclosure order of 10 July 2003 and unreasonably refused to cooperate in disposing perishable stock; the second application for provisional liquidators was substantially attributable to her conduct and non-disclosure; accordingly the costs of the petitioner's second application and the Official Receiver's costs for that second application should be borne by Ms Hua, while the Official Receiver's costs for the first application remain payable out of the company's assets.

Citation
RE BEAUTIFUL CORPORATION LTD (In Liquidation)
Parties
Petitioner: Miss Chan Yuen Fung Dawn; Opposing Contributory / Respondent: Hua Thieu Man Jeannie; Company (in Liquidation): Beautiful Corporation Limited (In Liquidation); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2004
Case Number
HCCW732/2003
Procedural Posture
Companies (winding Up) / Costs Application Following Appointment of Provisional Liquidators and Winding Up Order
Outcome
Costs allocated: petitioner and Official Receiver's costs for the second application to be borne by Ms Hua; Official Receiver's costs for the first application to be paid from company assets; costs to be taxed if not agreed.
Legal Topics
Appointment of Provisional Liquidators, Disclosure Obligations, Costs Orders, Disposal of Perishable Stock, Conduct of Contributory
Source Language
EN
Company Law Insolvency Law Civil Procedure Costs Appointment of Provisional Liquidators Disclosure Obligations Costs Orders Disposal of Perishable Stock Conduct of Contributory

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Parties

Miss Chan Yuen Fung Dawn

Petitioner

Hua Thieu Man Jeannie

Opposing Contributory / Respondent

Beautiful Corporation Limited (In Liquidation)

Company (in Liquidation)

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) / Costs Application Following Appointment of Provisional Liquidators and Winding Up Order

Legal Issues

  1. 1 Whether the costs of the second ex parte application for appointment of provisional liquidators should be borne by the opposing contributory
  2. 2 Whether the opposing contributory failed to comply with a disclosure order of 10 July 2003
  3. 3 Whether the opposing contributory's refusal to cooperate in disposing perishable stock justified a costs order against her

Ratio Decidendi

The judge found that Ms Hua did not comply with the disclosure order of 10 July 2003 and unreasonably refused to cooperate in disposing perishable stock; the second application for provisional liquidators was substantially attributable to her conduct and non-disclosure; accordingly the costs of the petitioner's second application and the Official Receiver's costs for that second application should be borne by Ms Hua, while the Official Receiver's costs for the first application remain payable out of the company's assets.

Court Disposition

Costs allocated: petitioner and Official Receiver's costs for the second application to be borne by Ms Hua; Official Receiver's costs for the first application to be paid from company assets; costs to be taxed if not agreed.

Orders

  • The costs of the petitioner of and occasioned by the application for the appointment of provisional liquidators on 29 August 2003, including the hearing of 14 January 2004, are to be borne by the opposing contributory Ms Hua, to be taxed if not agreed.
  • The costs of the Official Receiver of and occasioned by the application for the appointment of provisional liquidators on 10 July 2003 are assessed at HK$9,450.00 and are to be paid out of the assets of the Company.