CHEUNG HING v. WONG CHOR CHEUNG AND ANOTHER

CHEUNG HING v. WONG CHOR CHEUNG AND ANOTHER

On the evidence of failed attempts at personal service, returned mail, the use of the record addresses in company filings, absence of credible explanation from defendant and prior non‑objection to substituted service, the court was satisfied personal service was impracticable and ordered substituted service at the company's registered office and at its solicitors' address for the five directors; costs awarded to plaintiff except for adjournment costs incurred by plaintiff which he must pay.

Citation
CHEUNG HING v. WONG CHOR CHEUNG AND ANOTHER
Parties
Plaintiff: Cheung Hing; 1st Defendant: Wong Chor Cheung; 2nd Defendant: Wah Fung Forest Resources Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2017
Case Number
HCA336/2008
Procedural Posture
Civil Company/shareholder Litigation (application for Compliance and Substituted Service) / Chambers Decision on Summons for Substituted Service and Extension of Time
Outcome
Application for substituted service granted; extension of time and endorsement of penal notice ordered; costs awarded subject to limited exceptions; order nisi to be made final after 14 days.
Legal Topics
Substituted Service, Service on Directors, Disclosure Obligations, Accounts and Audit, Extension of Time, Penal Notice
Source Language
EN
Civil Procedure Company Law Service of Process Costs and Taxation Equity/derivative Action Substituted Service Service on Directors Disclosure Obligations +3 more

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Parties

Cheung Hing

Plaintiff

Wong Chor Cheung

1st Defendant

Wah Fung Forest Resources Limited

2nd Defendant

Procedural Posture

Civil Company/shareholder Litigation (application for Compliance and Substituted Service) / Chambers Decision on Summons for Substituted Service and Extension of Time

Legal Issues

  1. 1 Whether personal service of court orders on five registered directors was impracticable
  2. 2 Whether substituted service should be ordered at the registered office and solicitors' address
  3. 3 Whether extension of time to comply with previous orders should be granted

Ratio Decidendi

On the evidence of failed attempts at personal service, returned mail, the use of the record addresses in company filings, absence of credible explanation from defendant and prior non‑objection to substituted service, the court was satisfied personal service was impracticable and ordered substituted service at the company's registered office and at its solicitors' address for the five directors; costs awarded to plaintiff except for adjournment costs incurred by plaintiff which he must pay.

Court Disposition

Application for substituted service granted; extension of time and endorsement of penal notice ordered; costs awarded subject to limited exceptions; order nisi to be made final after 14 days.

Orders

  • Extension of time for 1st and 2nd defendants to comply with the 22.12.16 Order granted as sought
  • Penal notice endorsed on the order