RICCO (INTERNATIONAL) CO LTD v. LIU SIU FOON, the Administrator of the estate of CHAN KWOK HUNG, deceased AND ANOTHER

RICCO (INTERNATIONAL) CO LTD v. LIU SIU FOON, the Administrator of the estate of CHAN KWOK HUNG, deceased AND ANOTHER

The application for a stay was refused because the proceedings were advanced and ready for trial, the plaintiff's economic fear of non-enforcement did not by itself justify depriving the defendants and the court of their day in court, and the balance of justice did not favour a stay; costs were ordered to be in the...

Source-derived case information.

Citation
[2021] HKCFI 534
Parties
Plaintiff (hca 1856/2016): RICCO (INTERNATIONAL) COMPANY LIMITED; Plaintiff (hca 1858/2016): LUI FUNG YEE; 1st Defendant: LIU SIU FOON, Administrator of the estate of CHAN KWOK HUNG, deceased; 2nd Defendant: UNI HARVEST INTERNATIONAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 2021
Case Number
HCA1856/2016
Procedural Posture
Civil Application to Stay Proceedings / Interlocutory (pre Trial Application in Chambers)
Outcome
Application for stay refused; costs ordered to be in the cause and taxed where applicable
Legal Topics
Stay of Proceedings, Enforcement of Costs Orders, Winding Up Petition, Abuse of Process, Costs Taxation
Source Language
en
Civil Procedure Insolvency (winding Up) Costs Enforcement Stay of Proceedings Enforcement of Costs Orders Winding Up Petition Abuse of Process +1 more

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Parties

RICCO (INTERNATIONAL) COMPANY LIMITED

Plaintiff (hca 1856/2016)

LUI FUNG YEE

Plaintiff (hca 1858/2016)

LIU SIU FOON, Administrator of the estate of CHAN KWOK HUNG, deceased

1st Defendant

UNI HARVEST INTERNATIONAL LIMITED

2nd Defendant

Procedural Posture

Civil Application to Stay Proceedings / Interlocutory (pre Trial Application in Chambers)

Legal Issues

  1. 1 Whether proceedings should be stayed pending payment of costs orders
  2. 2 Whether plaintiff's fear of unenforceable judgment justifies a stay
  3. 3 Whether plaintiff is abusing process to delay resolution while retaining control of companies

Ratio Decidendi

The application for a stay was refused because the proceedings were advanced and ready for trial, the plaintiff's economic fear of non-enforcement did not by itself justify depriving the defendants and the court of their day in court, and the balance of justice did not favour a stay; costs were ordered to be in the cause and taxed if not agreed, with defendants' costs taxed under Legal Aid Regulations.

Court Disposition

Application for stay refused; costs ordered to be in the cause and taxed where applicable

Orders

  • Application for stay refused
  • Defendants' costs ordered to be in the cause