LAU CHO KWAN, LEO AND ANOTHER v. LAU SIU FAN, ELAINE AND OTHERS

LAU CHO KWAN, LEO AND ANOTHER v. LAU SIU FAN, ELAINE AND OTHERS

Applying the discretionary principles that costs normally follow the event but taking account of conduct and separable issues, the court ordered that the Company pay 80% of Betty's costs of the Set Aside Summons, the Company pay Leo and Betty's costs of the Strike Out Summons (costs to follow the event), the Company pay 80% of Leo and Betty's costs of the Amendment Summons while the costs of effecting the amendments themselves are to be borne by Leo and Betty, and no order as to costs for the Injunction Summons; costs awarded in favour of Leo and Betty are with certificate for two counsel, to be summarily assessed and payable forthwith, with 14 days for Company objections to the...

Citation
[2021] HKCFI 3448
Parties
1st Petitioner (deceased; Estate Represented): LAU CHO KWAN, LEO; 2nd Petitioner (appointed to Represent the Estate): LAU BETTY, BARBARA; 1st Respondent: LAU SIU FAN, ELAINE; 2nd Respondent (executrix of the Estate of Lau Ting Wei and in Her Personal Capacity): LAU BIG YING, ROSE; 3rd Respondent: LAU CHO YEE (also known as Lau Cho Yi); 4th Respondent: HUI KENG YEE; 5th Respondent: LAU FUN; 6th Respondent: LIU YI; 7th Respondent: LIU JIE; 8th Respondent (the Company): CORNWALL AGENCY COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 2021
Case Number
HCCW262/2020
Procedural Posture
Companies (winding‑up) Proceedings / Costs Ruling Following Interlocutory Hearings and Judgment
Outcome
Costs orders made for interlocutory summonses as set out below
Legal Topics
Carry on Order, Strike Out Applications, Petition Amendment, Validation Order, Summary Assessment of Costs, Costs Follow the Event
Source Language
EN
Company Law Civil Procedure Costs Injunctions Equity Carry on Order Strike Out Applications Petition Amendment +3 more

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Parties

LAU CHO KWAN, LEO

1st Petitioner (deceased; Estate Represented)

LAU BETTY, BARBARA

2nd Petitioner (appointed to Represent the Estate)

LAU SIU FAN, ELAINE

1st Respondent

LAU BIG YING, ROSE

2nd Respondent (executrix of the Estate of Lau Ting Wei and in Her Personal Capacity)

LAU CHO YEE (also known as Lau Cho Yi)

3rd Respondent

HUI KENG YEE

4th Respondent

LAU FUN

5th Respondent

LIU YI

6th Respondent

LIU JIE

7th Respondent

CORNWALL AGENCY COMPANY LIMITED

8th Respondent (the Company)

Procedural Posture

Companies (winding‑up) Proceedings / Costs Ruling Following Interlocutory Hearings and Judgment

Legal Issues

  1. 1 Whether the Carry On Order should be set aside
  2. 2 Whether winding‑up relief in the petition should be struck out as unsustainable or abuse of process
  3. 3 Whether leave to amend the petition should be granted and who should bear costs of amendment

Ratio Decidendi

Applying the discretionary principles that costs normally follow the event but taking account of conduct and separable issues, the court ordered that the Company pay 80% of Betty's costs of the Set Aside Summons, the Company pay Leo and Betty's costs of the Strike Out Summons (costs to follow the event), the Company pay 80% of Leo and Betty's costs of the Amendment Summons while the costs of effecting the amendments themselves are to be borne by Leo and Betty, and no order as to costs for the Injunction Summons; costs awarded in favour of Leo and Betty are with certificate for two counsel, to be summarily assessed and payable forthwith, with 14 days for Company objections to the...

Court Disposition

Costs orders made for interlocutory summonses as set out below

Orders

  • Company to pay 80% of Betty's costs of the Set Aside Summons with certificate for two Counsel, to be summarily assessed and payable forthwith
  • Company to pay Leo and Betty's costs of the Strike Out Summons with certificate for two Counsel, to be summarily assessed and payable forthwith