FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

The court varied the costs orders nisi: it assessed and ordered Total Appeal Costs (including reserved Directions Hearing costs) to be summarily assessed and fixed at HK$700,000 payable within 14 days; it ordered costs of the Direction Summons to be in the cause; and it summarily assessed the Costs Summons at...

Source-derived case information.

Citation
[2020] HKCFI 1051
Parties
Petitioner: Fung Tin Yau; 1st Respondent: Fung Tin Shing; 2nd Respondent: Fung Wing See; 3rd Respondent: Lai Ng Nui; 4th Respondent: Fung Wing Yan; 5th Respondent: Fung Wing Yin; 6th Respondent: Great Anchor International Limited; 7th Respondent: Maxfortune Trading Limited; 8th Respondent: Premium Management Limited; 9th Respondent: Wyse Investment Limited; 10th Respondent: Samdor Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2020
Case Number
HCA1291/2018
Procedural Posture
Companies (winding Up) Proceedings (consolidated) / Decision on Costs Following Appeals, Directions and Costs Summonses
Outcome
Costs orders nisi varied and costs summarily assessed and apportioned as set out below
Legal Topics
Costs Assessment, Case Management Costs, Summary Assessment, Orders Nisi, Apportionment of Costs
Source Language
en
Company Law Civil Procedure Costs Law Appeal Procedure Costs Assessment Case Management Costs Summary Assessment Orders Nisi +1 more

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Parties

Fung Tin Yau

Petitioner

Fung Tin Shing

1st Respondent

Fung Wing See

2nd Respondent

Lai Ng Nui

3rd Respondent

Fung Wing Yan

4th Respondent

Fung Wing Yin

5th Respondent

Great Anchor International Limited

6th Respondent

Maxfortune Trading Limited

7th Respondent

Premium Management Limited

8th Respondent

Wyse Investment Limited

9th Respondent

Samdor Company Limited

10th Respondent

Procedural Posture

Companies (winding Up) Proceedings (consolidated) / Decision on Costs Following Appeals, Directions and Costs Summonses

Legal Issues

  1. 1 Whether the costs order nisi should be varied to include costs of the Directions Hearing on 11 January 2019
  2. 2 Quantum of costs recoverable for the 3 sets of appeals and for the Directions Hearing
  3. 3 Whether costs of the Direction Summons should be ordered to be in the cause

Ratio Decidendi

The court varied the costs orders nisi: it assessed and ordered Total Appeal Costs (including reserved Directions Hearing costs) to be summarily assessed and fixed at HK$700,000 payable within 14 days; it ordered costs of the Direction Summons to be in the cause; and it summarily assessed the Costs Summons at HK$5,000 to be set off against the Petitioner's award, while leaving apportionment among respondents to the parties and granting a certificate for two counsel except for the hearing on 20 May 2019.

Court Disposition

Costs orders nisi varied and costs summarily assessed and apportioned as set out below

Orders

  • Petitioner shall have costs of all 3 Sets of Appeals, including reserved costs for the Directions Hearing of 11 January 2019, to be summarily assessed
  • Costs of the appeals in respect of the 2078 Strike Out Summons to be borne by Madam Lai and Jenny