MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS

Given the real risk that the mortgagee (Standard Chartered Bank) would enforce its security after 30 June 2005 and the receiver's duty to preserve value, the court granted leave to the receiver to sell units in Jade Centre limited to repaying Iseday Ltd's indebtedness to SCB; the application to lease was not sufficiently urgent and was adjourned along with other directions pending the appeal.

Citation
MING SHIU CHUNG AND OTHERS v. MING SHIU SUM AND OTHERS
Parties
1st Plaintiff: Ming Shiu Chung (also known as Hubert Ming); 2nd Plaintiff: Ming Shiu Tong; 3rd Plaintiff: Ming Shiu Hung (also known as Ronald Ming Siu Hung); 4th Plaintiff: Ming Shiu Kuen (also known as Bertha Shiu Kuen Shaw); 1st Defendant: Ming Shiu Sum (also known as Lawrence Ming Shui Sum); 2nd Defendant: J.F. Ming Inc.; 3rd Defendant: The Personal Representative of Ming Shiu Wah (also known as Kenneth Ming); 4th Defendant: Ming Shiu Kow
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 May 2005
Case Number
HCA18407/1999
Procedural Posture
Shareholder Dispute / Receivership / Civil Action / Interlocutory Application for Directions by Court‑appointed Receiver Pending Appeal
Outcome
Application in paragraph 1 granted (leave to sell properties to repay Standard Chartered Bank); application in paragraph 4 (leave to lease) and remaining paragraphs adjourned for further directions pending appeal.
Legal Topics
Receiver Powers, Sale of Charged Property, Urgent Relief, Lease of Receivership Property, Bank Mortgage Enforcement, Stay Pending Appeal, Shareholder Dispute, Estate Duty
Source Language
EN
Corporate Law Property Law Insolvency and Receivership Civil Procedure Receiver Powers Sale of Charged Property Urgent Relief Lease of Receivership Property +4 more

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Parties

Ming Shiu Chung (also known as Hubert Ming)

1st Plaintiff

Ming Shiu Tong

2nd Plaintiff

Ming Shiu Hung (also known as Ronald Ming Siu Hung)

3rd Plaintiff

Ming Shiu Kuen (also known as Bertha Shiu Kuen Shaw)

4th Plaintiff

Ming Shiu Sum (also known as Lawrence Ming Shui Sum)

1st Defendant

J.F. Ming Inc.

2nd Defendant

The Personal Representative of Ming Shiu Wah (also known as Kenneth Ming)

3rd Defendant

Ming Shiu Kow

4th Defendant

Procedural Posture

Shareholder Dispute / Receivership / Civil Action / Interlocutory Application for Directions by Court‑appointed Receiver Pending Appeal

Legal Issues

  1. 1 Whether the court should grant the receiver leave to sell properties of Iseday Ltd to repay Standard Chartered Bank prior to the determination of the pending appeal
  2. 2 Whether the application to lease vacant units is sufficiently urgent to justify immediate leave
  3. 3 Whether the receiver's hands should be constrained by requiring return to court for each sale given the risk of a mortgagee enforcing its security

Ratio Decidendi

Given the real risk that the mortgagee (Standard Chartered Bank) would enforce its security after 30 June 2005 and the receiver's duty to preserve value, the court granted leave to the receiver to sell units in Jade Centre limited to repaying Iseday Ltd's indebtedness to SCB; the application to lease was not sufficiently urgent and was adjourned along with other directions pending the appeal.

Court Disposition

Application in paragraph 1 granted (leave to sell properties to repay Standard Chartered Bank); application in paragraph 4 (leave to lease) and remaining paragraphs adjourned for further directions pending appeal.

Orders

  • Order in terms of paragraph 1 of the summons: receiver granted leave to sell some or all properties owned by Iseday Ltd for the purpose of repaying its indebtedness to Standard Chartered Bank
  • Application in paragraph 4 (leave to lease Unit 21 and Unit 14) adjourned for hearing with the remaining directions pending the outcome of the appeal