LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS

The court ordered the 1st to 8th Respondents to pay the Petitioner's costs of the Petition and reserved-in-cause costs, but excluded recoverability of costs attributable to the 17th Floor transaction, other transactions not pursued at trial, and costs of the IIA and Receivership summonses; the court made no order as...

Source-derived case information.

Citation
LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS
Parties
Petitioner: Petitioner; Respondents: 1st to 8th Respondents; 9th Respondent (company): C Y Foundation Group Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 October 2012
Case Number
HCMP702/2010
Procedural Posture
Company Petition (unfair Prejudice Under Companies Ordinance) / Costs Hearing (post Judgment)
Outcome
Costs partly awarded to Petitioner: 1st–8th Respondents ordered to pay Petitioner's costs of the Petition subject to exclusions; no order as to costs for IIA and Receivership summonses; no order as to costs between Petitioner and Company with reservation for Company to pursue misfeasance claims; 1st–8th Respondents...
Legal Topics
Unfair Prejudice, Bye Law Amendment, Appointment of Independent Investigating Accountants, Receivership, Misfeasance, Allocation of Costs
Source Language
en
Company Law Civil Procedure Costs Law Unfair Prejudice Bye Law Amendment Appointment of Independent Investigating Accountants Receivership Misfeasance +1 more

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Parties

Petitioner

Petitioner

1st to 8th Respondents

Respondents

C Y Foundation Group Limited

9th Respondent (company)

Procedural Posture

Company Petition (unfair Prejudice Under Companies Ordinance) / Costs Hearing (post Judgment)

Legal Issues

  1. 1 Whether the 1st to 8th Respondents should pay the Petitioner’s costs of the Petition
  2. 2 Extent to which costs attributable to allegations irrelevant to the successful relief (17th Floor transaction and other transactions) should be disallowed
  3. 3 Whether costs of the IIA and Receivership summonses should be awarded and to whom

Ratio Decidendi

The court ordered the 1st to 8th Respondents to pay the Petitioner's costs of the Petition and reserved-in-cause costs, but excluded recoverability of costs attributable to the 17th Floor transaction, other transactions not pursued at trial, and costs of the IIA and Receivership summonses; the court made no order as to costs of the IIA and Receivership summonses between the parties; no order as to costs between the Petitioner and the Company but preserved the Company’s right to bring separate misfeasance proceedings against the 1st Respondent; 1st–8th Respondents to pay half the Petitioner’s costs of this costs hearing.

Court Disposition

Costs partly awarded to Petitioner: 1st–8th Respondents ordered to pay Petitioner's costs of the Petition subject to exclusions; no order as to costs for IIA and Receivership summonses; no order as to costs between Petitioner and Company with reservation for Company to pursue misfeasance claims; 1st–8th Respondents...

Orders

  • 1st to 8th Respondents to pay the Petitioner’s costs of the Petition and of these proceedings, to be taxed on party and party basis if not agreed, except costs incurred in relation to (a) the 17th Floor Transaction, (b) other transactions in the Petition not pursued at trial, (c) the IIA Summons, and (d) the...
  • No order as to costs between the Petitioner and the Company.