WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

Leave to appeal was refused because the judge properly exercised discretion under Hadmor: there was no solid evidence of a real risk of dissipation, the undertakings offered were adequate protection, any past dissipation was compensable by damages, appointment risked uncompensatable loss and there was no breach of...

Source-derived case information.

Citation
WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS
Parties
1st Plaintiff: WONG LUEN HANG (王暖亨); 2nd Plaintiff: TSUI KWOK SO (徐國甦); 1st Defendant: CHAN YUK LUNG (陳玉龍); 2nd Defendant: CHAN YUK WAI (陳玉威); 3rd Defendant: FAITHFUL RAINBOW LIMITED (榮虹有限公司); 4th Defendant: MAK WAI WING CLEMENS aka MAK WAI WING (麥偉榮); 5th Defendant: CHAN WAI HUNG (陳煒洪); 6th Defendant: LAM KWOK KIN (林國健); 7th Defendant: NG CHUN KAI (吳振佳); 8th Defendant: TSE WING KEUNG (謝永強); 9th Defendant: TSE WING HONG (謝永康); 10th Defendant: TOPMIX (INTERNATIONAL) COMPANY LIMITED (德日(國際)有限公司); 11th Defendant: TOPMIX INDUSTRIAL LIMITED (德日實業有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 October 2016
Case Number
HCA1265/2015
Procedural Posture
Civil Application for Leave to Appeal Against Refusal to Appoint Receivers and Managers / Leave to Appeal Application Refused in Chambers
Outcome
Leave to appeal refused; costs awarded to the respondents
Legal Topics
Appointment of Receivers and Managers, Dissipation of Assets, Undertakings as Protection, Compensability of Loss by Damages, Standard for Granting Receivership, Breach of Natural Justice, Exercise of Judicial Discretion (hadmor)
Source Language
en
Equitable Remedies Receivership Insolvency Civil Procedure Administrative Law (natural Justice) Appointment of Receivers and Managers Dissipation of Assets Undertakings as Protection +4 more

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Parties

WONG LUEN HANG (王暖亨)

1st Plaintiff

TSUI KWOK SO (徐國甦)

2nd Plaintiff

CHAN YUK LUNG (陳玉龍)

1st Defendant

CHAN YUK WAI (陳玉威)

2nd Defendant

FAITHFUL RAINBOW LIMITED (榮虹有限公司)

3rd Defendant

MAK WAI WING CLEMENS aka MAK WAI WING (麥偉榮)

4th Defendant

CHAN WAI HUNG (陳煒洪)

5th Defendant

LAM KWOK KIN (林國健)

6th Defendant

NG CHUN KAI (吳振佳)

7th Defendant

TSE WING KEUNG (謝永強)

8th Defendant

TSE WING HONG (謝永康)

9th Defendant

TOPMIX (INTERNATIONAL) COMPANY LIMITED (德日(國際)有限公司)

10th Defendant

TOPMIX INDUSTRIAL LIMITED (德日實業有限公司)

11th Defendant

Procedural Posture

Civil Application for Leave to Appeal Against Refusal to Appoint Receivers and Managers / Leave to Appeal Application Refused in Chambers

Legal Issues

  1. 1 Whether there was a real risk of dissipation of assets warranting appointment of receivers
  2. 2 Whether undertakings offered by respondents provided adequate protection
  3. 3 Whether appointment of receivers would cause uncompensatable loss

Ratio Decidendi

Leave to appeal was refused because the judge properly exercised discretion under Hadmor: there was no solid evidence of a real risk of dissipation, the undertakings offered were adequate protection, any past dissipation was compensable by damages, appointment risked uncompensatable loss and there was no breach of natural justice warranting overturning the decision.

Court Disposition

Leave to appeal refused; costs awarded to the respondents

Orders

  • Leave to appeal refused
  • Costs to respondents