DANIEL ISAAC HENRI MIMOUN AND OTHERS v. DRAGON CONCEPT HK LTD AND OTHERS

DANIEL ISAAC HENRI MIMOUN AND OTHERS v. DRAGON CONCEPT HK LTD AND OTHERS

The court ordered that the provisional liquidators' costs and disbursements for the period 2 January 2013 to 1 March 2013 be paid by the petitioners rather than out of the company's assets because the appointment was unnecessary from 2 January 2013; the petitioners must also pay the 2nd respondent's costs of today's application on an indemnity basis due to their failure to attend or agree an order.

Citation
[2018] HKCFI 492
Parties
1st Petitioner: Daniel Isaac Henri Mimoun; 2nd Petitioner: Raphael Vittorio Mimoun; 3rd Petitioner: Excel Future Development Limited; 1st Respondent: Dragon Concept HK Limited; 2nd Respondent: Cameron Investments Limited; 3rd Respondent: Franck David Isaac Berrebi; Beneficiary: Axelle Liza Dya Mimoun; Beneficiary: Tiffany Fortune Marine Mimoun; Beneficiary: Simon Sacha Mimoun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 March 2018
Case Number
HCCW434/2012
Procedural Posture
Companies Winding Up Proceedings / Hearing on Inquiry Into Provisional Liquidators' Costs for Period 2 January 2013 to 1 March 2013 and Costs of Today's Application
Outcome
Order made that petitioners pay the provisional liquidators' costs and disbursements for 2 January 2013 to 1 March 2013 and that the petitioners pay the 2nd respondent's costs of the application on an indemnity basis.
Legal Topics
Provisional Liquidators, Costs, Damages, Appointment of Provisional Liquidators, Indemnity Costs
Source Language
EN
Company Law Insolvency Civil Procedure Provisional Liquidators Costs Damages Appointment of Provisional Liquidators Indemnity Costs

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Parties

Daniel Isaac Henri Mimoun

1st Petitioner

Raphael Vittorio Mimoun

2nd Petitioner

Excel Future Development Limited

3rd Petitioner

Dragon Concept HK Limited

1st Respondent

Cameron Investments Limited

2nd Respondent

Franck David Isaac Berrebi

3rd Respondent

Axelle Liza Dya Mimoun

Beneficiary

Tiffany Fortune Marine Mimoun

Beneficiary

Simon Sacha Mimoun

Beneficiary

Procedural Posture

Companies Winding Up Proceedings / Hearing on Inquiry Into Provisional Liquidators' Costs for Period 2 January 2013 to 1 March 2013 and Costs of Today's Application

Legal Issues

  1. 1 Whether provisional liquidators' costs and disbursements for 2 Jan 2013 to 1 Mar 2013 should be paid by the petitioners rather than out of company assets
  2. 2 Whether the 2nd respondent is entitled to an order for costs of the application and whether those costs should be on an indemnity basis

Ratio Decidendi

The court ordered that the provisional liquidators' costs and disbursements for the period 2 January 2013 to 1 March 2013 be paid by the petitioners rather than out of the company's assets because the appointment was unnecessary from 2 January 2013; the petitioners must also pay the 2nd respondent's costs of today's application on an indemnity basis due to their failure to attend or agree an order.

Court Disposition

Order made that petitioners pay the provisional liquidators' costs and disbursements for 2 January 2013 to 1 March 2013 and that the petitioners pay the 2nd respondent's costs of the application on an indemnity basis.

Orders

  • Provisional liquidators' costs and disbursements for the period 2 January 2013 to 1 March 2013 to be paid by the petitioners and not out of the assets of the Company
  • The petitioners to pay the 2nd respondent's costs of today's application assessed on an indemnity basis