RE BOLDWIN CONSTRUCTION CO LTD

RE BOLDWIN CONSTRUCTION CO LTD

The Court held that the Procedural Guide did not preclude the Court from directing the company to participate; because the company has an interest in the funds and the provisional liquidators held a fiduciary position, the company must be permitted to participate in the taxation hearing and to file objections. The Registrar therefore directed participation, adjourned the taxation hearing and ordered specific procedural steps and an interim payment.

Citation
RE BOLDWIN CONSTRUCTION CO LTD
Parties
Company: Boldwin Construction Company Limited; Provisional Liquidators: Provisional Liquidators James Wardell and Charles Chan Wai Dune
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 2006
Case Number
HCCW340/2002
Procedural Posture
Companies (winding Up) / Chambers Hearing on Taxation of Provisional Liquidators' Fees (adjournment and Directions)
Outcome
Order made: taxation hearing adjourned; company granted leave to participate; costs to company to be assessed and to be borne personally by the provisional liquidators with certificate for counsel; interim payment to provisional liquidators directed.
Legal Topics
Provisional Liquidation, Taxation of Costs, Participation Rights in Taxation Hearings, Fiduciary Duties
Source Language
EN
Company Law Insolvency Law Procedural Law Costs Law Provisional Liquidation Taxation of Costs Participation Rights in Taxation Hearings Fiduciary Duties

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Parties

Boldwin Construction Company Limited

Company

Provisional Liquidators James Wardell and Charles Chan Wai Dune

Provisional Liquidators

Procedural Posture

Companies (winding Up) / Chambers Hearing on Taxation of Provisional Liquidators' Fees (adjournment and Directions)

Legal Issues

  1. 1 Whether taxation of provisional liquidators' remuneration should be conducted ex parte or inter partes
  2. 2 Whether the company has a right to participate in the taxation hearing of provisional liquidators' fees
  3. 3 Whether the Procedural Guide binds the Court and precludes the Court from directing participation

Ratio Decidendi

The Court held that the Procedural Guide did not preclude the Court from directing the company to participate; because the company has an interest in the funds and the provisional liquidators held a fiduciary position, the company must be permitted to participate in the taxation hearing and to file objections. The Registrar therefore directed participation, adjourned the taxation hearing and ordered specific procedural steps and an interim payment.

Court Disposition

Order made: taxation hearing adjourned; company granted leave to participate; costs to company to be assessed and to be borne personally by the provisional liquidators with certificate for counsel; interim payment to provisional liquidators directed.

Orders

  • Taxation hearing adjourned to a date to be fixed with 2 hours reserved
  • Company granted leave to participate in the taxation hearing provided the company file and serve a list of objections to the bill within 21 days