PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. HARMUTTY LTD AND OTHERS

PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. HARMUTTY LTD AND OTHERS

The application for the appointment of receivers was granted because the applicant demonstrated proper service, submitted evidence establishing the necessity of receivers to realise Mr Hu's identified assets to satisfy the costs due to the plaintiff, and undertook to file an affirmation verifying the plaintiff's...

Source-derived case information.

Citation
[2022] HKCFI 1423
Parties
Plaintiff: Pacific Electric Wire & Cable Co., Ltd.; 1st Defendant (hccl 16/2009): Texan Management Limited; 2nd Defendant (hccl 16/2009): Clipper Investment Limited (formerly known as Pacific Capital (Investment) Limited); 3rd Defendant (hccl 16/2009): Pacific Capital (Asia) Limited; 4th Defendant (hccl 16/2009; 17th Defendant HCCL 18/2009): All Dragon International Limited; 5th Defendant (hccl 16/2009): PCL Holdings Limited (formerly known as Pacific Capital (Holdings) Limited); 6th Defendant (hccl 16/2009): Laidlaw Pacific Financial Services (Holdings) Limited (formerly known as Pacific Capital Financial Services (Holdings) Limited); 7th Defendant (hccl 16/2009): Super Wish Limited; 8th Defendant (hccl 16/2009); 4th Defendant (hccl 17/2009); 4th Defendant (hccl 18/2009): Hu Hung Chiu (胡洪九); 9th Defendant (hccl 16/2009) (discontinued); 10th Defendant (hccl 18/2009) (discontinued): Wong Kun To (黃勤道); 10th Defendant (hccl 16/2009) (discontinued); 11th Defendant (hccl 18/2009) (discontinued): Cheung Kwan Hung, Anthony (張鈞鴻); 11th Defendant (hccl 16/2009); 20th Defendant (hccl 18/2009): Ma Kam Fook Robert (馬金福); 12th Defendant (hccl 16/2009) (discontinued): Cheng Shu Wing (鄭樹榮); 13th Defendant (hccl 16/2009); 7th Defendant (hccl 18/2009): Tung Hsiu Chun (仝秀君) (the person entitled to manage and administer the estate of Tung Yu Jeh (仝玉潔) (deceased) (By Order to carry on)); 14th Defendant (hccl 16/2009); 8th Defendant (hccl 18/2009): Sun Tao Tsun (孫道存); 15th Defendant (hccl 16/2009) (discontinued): Pang Hong (龐鴻); 1st Defendant (hccl 17/2009): Gold Global Limited; 2nd Defendant (hccl 17/2009): PCL Nominees Limited; 3rd Defendant (hccl 17/2009): Greateam Limited; 5th Defendant (hccl 17/2009); 6th Defendant (hccl 18/2009): Chung Che Ling (鍾子陵); 6th Defendant (hccl 17/2009); 5th Defendant (hccl 18/2009): Yip Chi Hung (葉稚雄); 7th Defendant (hccl 17/2009) (discontinued); 9th Defendant (hccl 18/2009) (discontinued): Tam Pui Na, Rafia (譚佩娜); 8th Defendant (hccl 17/2009); 1st Defendant (hccl 18/2009): Harmutty Limited; 2nd Defendant (hccl 18/2009): Haddowe Limited; 3rd Defendant (hccl 18/2009): Casparson Properties Limited; 12th Defendant (hccl 18/2009): Afterville Limited; 13th Defendant (hccl 18/2009): Nee Soon Limited; 14th Defendant (hccl 18/2009): Showground Limited; 15th Defendant (hccl 18/2009): Berridale Developments Limited; 16th Defendant (hccl 18/2009): Jutech Investments Limited; 18th Defendant (hccl 18/2009): Blinco Enterprises Limited; 19th Defendant (hccl 18/2009): Patagonia Limited; 21st Defendant (hccl 18/2009) (discontinued): Hu Sun Mar Li (胡孫瑪琍); 22nd Defendant (hccl 18/2009): Top Selection Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2022
Case Number
HCCL18/2009
Procedural Posture
Commercial Action (application for Appointment of Receivers) / Application for Appointment of Receivers — Decision (heard Together)
Outcome
Application granted
Legal Topics
Receivership, Appointment of Receivers, Service of Process, Enforcement of Costs Orders
Source Language
en
Civil Commercial Company Law Enforcement of Costs Receivership Appointment of Receivers Service of Process Enforcement of Costs Orders

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Parties

Pacific Electric Wire & Cable Co., Ltd.

Plaintiff

Texan Management Limited

1st Defendant (hccl 16/2009)

Clipper Investment Limited (formerly known as Pacific Capital (Investment) Limited)

2nd Defendant (hccl 16/2009)

Pacific Capital (Asia) Limited

3rd Defendant (hccl 16/2009)

All Dragon International Limited

4th Defendant (hccl 16/2009; 17th Defendant HCCL 18/2009)

PCL Holdings Limited (formerly known as Pacific Capital (Holdings) Limited)

5th Defendant (hccl 16/2009)

Laidlaw Pacific Financial Services (Holdings) Limited (formerly known as Pacific Capital Financial Services (Holdings) Limited)

6th Defendant (hccl 16/2009)

Super Wish Limited

7th Defendant (hccl 16/2009)

Hu Hung Chiu (胡洪九)

8th Defendant (hccl 16/2009); 4th Defendant (hccl 17/2009); 4th Defendant (hccl 18/2009)

Wong Kun To (黃勤道)

9th Defendant (hccl 16/2009) (discontinued); 10th Defendant (hccl 18/2009) (discontinued)

Cheung Kwan Hung, Anthony (張鈞鴻)

10th Defendant (hccl 16/2009) (discontinued); 11th Defendant (hccl 18/2009) (discontinued)

Ma Kam Fook Robert (馬金福)

11th Defendant (hccl 16/2009); 20th Defendant (hccl 18/2009)

Cheng Shu Wing (鄭樹榮)

12th Defendant (hccl 16/2009) (discontinued)

Tung Hsiu Chun (仝秀君) (the person entitled to manage and administer the estate of Tung Yu Jeh (仝玉潔) (deceased) (By Order to carry on))

13th Defendant (hccl 16/2009); 7th Defendant (hccl 18/2009)

Sun Tao Tsun (孫道存)

14th Defendant (hccl 16/2009); 8th Defendant (hccl 18/2009)

Pang Hong (龐鴻)

15th Defendant (hccl 16/2009) (discontinued)

Gold Global Limited

1st Defendant (hccl 17/2009)

PCL Nominees Limited

2nd Defendant (hccl 17/2009)

Greateam Limited

3rd Defendant (hccl 17/2009)

Chung Che Ling (鍾子陵)

5th Defendant (hccl 17/2009); 6th Defendant (hccl 18/2009)

Yip Chi Hung (葉稚雄)

6th Defendant (hccl 17/2009); 5th Defendant (hccl 18/2009)

Tam Pui Na, Rafia (譚佩娜)

7th Defendant (hccl 17/2009) (discontinued); 9th Defendant (hccl 18/2009) (discontinued)

Harmutty Limited

8th Defendant (hccl 17/2009); 1st Defendant (hccl 18/2009)

Haddowe Limited

2nd Defendant (hccl 18/2009)

Casparson Properties Limited

3rd Defendant (hccl 18/2009)

Afterville Limited

12th Defendant (hccl 18/2009)

Nee Soon Limited

13th Defendant (hccl 18/2009)

Showground Limited

14th Defendant (hccl 18/2009)

Berridale Developments Limited

15th Defendant (hccl 18/2009)

Jutech Investments Limited

16th Defendant (hccl 18/2009)

Blinco Enterprises Limited

18th Defendant (hccl 18/2009)

Patagonia Limited

19th Defendant (hccl 18/2009)

Hu Sun Mar Li (胡孫瑪琍)

21st Defendant (hccl 18/2009) (discontinued)

Top Selection Company Limited

22nd Defendant (hccl 18/2009)

Procedural Posture

Commercial Action (application for Appointment of Receivers) / Application for Appointment of Receivers — Decision (heard Together)

Legal Issues

  1. 1 Whether the Court should appoint receivers over the assets identified as belonging to Mr Hu Hung Chiu
  2. 2 Whether service of the application on Mr Hu was proper and sufficient
  3. 3 Whether appointment of receivers is necessary to realise assets to satisfy costs due to the plaintiff

Ratio Decidendi

The application for the appointment of receivers was granted because the applicant demonstrated proper service, submitted evidence establishing the necessity of receivers to realise Mr Hu's identified assets to satisfy the costs due to the plaintiff, and undertook to file an affirmation verifying the plaintiff's Hong Kong assets; accordingly the court granted the order in terms of the amended draft subject to that undertaking.

Court Disposition

Application granted

Orders

  • Appointment of Receivers over the only identified assets of Mr Hu Hung Chiu in terms of the draft order as amended
  • Grant subject to the plaintiff providing an undertaking to file an affirmation verifying the plaintiff's Hong Kong assets