SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH (AS THE LIQUIDATOR OF DE RODEO CATERING LTD (IN COMPULSORY LIQUIDATION) )

SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH (AS THE LIQUIDATOR OF DE RODEO CATERING LTD (IN COMPULSORY LIQUIDATION) )

The Claimant's Notice of Appeal was dismissed because there was no sealed or written appealable order: the 21 August 2015 order had not been sealed and the clarification summonses were dismissed; oral remarks by the Master are not appealable. A sealed order or a written determination following taxation is required before an appeal can be entertained.

Citation
SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH (AS THE LIQUIDATOR OF DE RODEO CATERING LTD (IN COMPULSORY LIQUIDATION) )
Parties
Claimant: Shinewing Specialist Advisory Services Limited; 1st Respondent (liquidator): Chen Yung Ngai Kenneth; 2nd Respondent: Yung Shiu Ching; 3rd Respondent: Lee Bing Fai; 4th Respondent: Chan Kwok Keung; 5th Respondent: Au Lai Chi; 6th Respondent: Lam Charm; 7th Respondent: Wong Sek Tung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 2016
Case Number
HCCW346/2010
Procedural Posture
Companies (winding Up) / Miscellaneous Proceedings / Interlocutory Appeal Against Master's Taxation Related Decision
Outcome
Claimant's Notice of Appeal dismissed
Legal Topics
Liquidator's Costs, Taxation of Costs, Appealability of Interlocutory Decisions, Sealing of Orders, Clarification of Costs Orders
Source Language
EN
Companies Law Civil Procedure Costs and Taxation Liquidator's Costs Taxation of Costs Appealability of Interlocutory Decisions Sealing of Orders Clarification of Costs Orders

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Parties

Shinewing Specialist Advisory Services Limited

Claimant

Chen Yung Ngai Kenneth

1st Respondent (liquidator)

Yung Shiu Ching

2nd Respondent

Lee Bing Fai

3rd Respondent

Chan Kwok Keung

4th Respondent

Au Lai Chi

5th Respondent

Lam Charm

6th Respondent

Wong Sek Tung

7th Respondent

Procedural Posture

Companies (winding Up) / Miscellaneous Proceedings / Interlocutory Appeal Against Master's Taxation Related Decision

Legal Issues

  1. 1 Whether there is an appealable determination from the Master that the Claimant may appeal
  2. 2 Whether the 21 August 2015 order (unsealed) and the Master's oral remarks constitute an appealable order
  3. 3 Whether the Claimant must bear 20% of the liquidator's costs inclusive of the liquidator's own fees and expenses

Ratio Decidendi

The Claimant's Notice of Appeal was dismissed because there was no sealed or written appealable order: the 21 August 2015 order had not been sealed and the clarification summonses were dismissed; oral remarks by the Master are not appealable. A sealed order or a written determination following taxation is required before an appeal can be entertained.

Court Disposition

Claimant's Notice of Appeal dismissed

Orders

  • Claimant's Notice of Appeal dismissed
  • Costs reserved