WONG CHUNG HON AND ANOTHER v. TSE WAI SHUM AND OTHERS

WONG CHUNG HON AND ANOTHER v. TSE WAI SHUM AND OTHERS

The 1st and 2nd Respondents are entitled to costs of the struck out petition to be paid by the 1st and 2nd Petitioners and to costs of the summons, but indemnity costs are not warranted; the summons costs are assessed summarily at HK$35,000 and the petition costs are to be taxed party-to-party if not agreed.

Source-derived case information.

Citation
[2021] HKCFI 1823
Parties
1st Petitioner: WONG CHUNG HON; 2nd Petitioner: LIM KWOK KUEN; 1st Respondent: TSE WAI SHUM; 2nd Respondent: WONG WAH KWOK; 3rd Respondent: CHUNGSHAN COMMERCIAL ASSOCIATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2021
Case Number
HCCW181/2020
Procedural Posture
Companies (winding Up) Proceedings No 181 of 2020 / Decision on Costs (in Chambers) 24 June 2021
Outcome
Order in terms of paragraph 1 of the summons; costs of the summons assessed summarily at HK$35,000 payable by the 1st and 2nd Petitioners; costs of the struck out petition to be paid by the Petitioners to the Respondents and taxed party-to-party if not agreed.
Legal Topics
Striking Out, Costs Orders, Taxation of Costs, Indemnity Costs, Summary Assessment of Costs
Source Language
en
Company Law Civil Procedure Insolvency Costs Striking Out Costs Orders Taxation of Costs Indemnity Costs +1 more

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Parties

WONG CHUNG HON

1st Petitioner

LIM KWOK KUEN

2nd Petitioner

TSE WAI SHUM

1st Respondent

WONG WAH KWOK

2nd Respondent

CHUNGSHAN COMMERCIAL ASSOCIATION

3rd Respondent

Procedural Posture

Companies (winding Up) Proceedings No 181 of 2020 / Decision on Costs (in Chambers) 24 June 2021

Legal Issues

  1. 1 Whether the 1st and 2nd Respondents are entitled to costs of the struck out petition
  2. 2 Whether the court has jurisdiction to make further costs orders after the substantive hearing
  3. 3 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

The 1st and 2nd Respondents are entitled to costs of the struck out petition to be paid by the 1st and 2nd Petitioners and to costs of the summons, but indemnity costs are not warranted; the summons costs are assessed summarily at HK$35,000 and the petition costs are to be taxed party-to-party if not agreed.

Court Disposition

Order in terms of paragraph 1 of the summons; costs of the summons assessed summarily at HK$35,000 payable by the 1st and 2nd Petitioners; costs of the struck out petition to be paid by the Petitioners to the Respondents and taxed party-to-party if not agreed.

Orders

  • Order in terms of paragraph 1 of the Summons.
  • A sum of HK$35,000 to be paid by the 1st and 2nd Petitioners to the 1st and 2nd Respondents forthwith.