BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

The court ordered that the Yeungs pay the Tsangs the costs of the Tsangs' petitions on the party and party basis and pay the costs of the Yeungs' cross-petitions to the Tsangs to be taxed on an indemnity basis; the remuneration and expenses of the provisional liquidators are not to be ordered to be paid personally...

Source-derived case information.

Citation
BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS
Parties
1st Petitioner; 1st Respondent: BEATRICE TSANG SAU HING; 2nd Petitioner; 2nd Respondent: LUANA TSANG SAU KUEN; 1st Respondent; 1st Petitioner: YUENG MAN LOONG MAXLY; 2nd Respondent; 2nd Petitioner: YEUNG MAN FUNG; 3rd Respondent: LO WAI YIN; 4th Respondent: YEUNG TUNG SHING; 3rd Respondent: TSANG HON KONG; 5th Respondent; 4th Respondent: GOLD PLEASURE INDUSTRIAL COMPANY LIMITED; 5th Respondent; 4th Respondent: TOPVILLE INDUSTRIAL COMPANY LIMITED; 5th Respondent; 4th Respondent: SUNVILLE INVESTMENT COMPANY LIMITED; 5th Respondent; 4th Respondent: BOVILLE INDUSTRIAL COMPANY LIMITED; Provisional Liquidator: DEREK LAI; Provisional Liquidator: DARACH HAUGHEY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2008
Case Number
HCCW49/2006
Procedural Posture
Companies (winding Up) Petitions Under Companies Ordinance / Costs Hearing (post Judgment)
Outcome
Costs orders made post-judgment: mixed result; Yeungs liable for petition and cross-petition costs as specified; provisional liquidators' fees borne by companies; no costs order for the costs hearing.
Legal Topics
Winding Up, Just and Equitable Winding Up, Section 177(1)(f), Section 168 a, Taxation of Costs, Indemnity Costs, Provisional Liquidator Remuneration
Source Language
en
Company Law Insolvency Law Civil Procedure Winding Up Just and Equitable Winding Up Section 177(1)(f) Section 168 a Taxation of Costs +2 more

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Parties

BEATRICE TSANG SAU HING

1st Petitioner; 1st Respondent

LUANA TSANG SAU KUEN

2nd Petitioner; 2nd Respondent

YUENG MAN LOONG MAXLY

1st Respondent; 1st Petitioner

YEUNG MAN FUNG

2nd Respondent; 2nd Petitioner

LO WAI YIN

3rd Respondent

YEUNG TUNG SHING

4th Respondent

TSANG HON KONG

3rd Respondent

GOLD PLEASURE INDUSTRIAL COMPANY LIMITED

5th Respondent; 4th Respondent

TOPVILLE INDUSTRIAL COMPANY LIMITED

5th Respondent; 4th Respondent

SUNVILLE INVESTMENT COMPANY LIMITED

5th Respondent; 4th Respondent

BOVILLE INDUSTRIAL COMPANY LIMITED

5th Respondent; 4th Respondent

DEREK LAI

Provisional Liquidator

DARACH HAUGHEY

Provisional Liquidator

Procedural Posture

Companies (winding Up) Petitions Under Companies Ordinance / Costs Hearing (post Judgment)

Legal Issues

  1. 1 Incidence of costs between petitioners and respondents
  2. 2 Appropriate basis of taxation (party and party vs indemnity)
  3. 3 Whether provisional liquidators' remuneration should be paid personally by respondents or by the companies

Ratio Decidendi

The court ordered that the Yeungs pay the Tsangs the costs of the Tsangs' petitions on the party and party basis and pay the costs of the Yeungs' cross-petitions to the Tsangs to be taxed on an indemnity basis; the remuneration and expenses of the provisional liquidators are not to be ordered to be paid personally by the Yeungs but are to be borne by the companies (i.e. form part of the liquidation costs); no order as to costs was made for the costs hearing itself.

Court Disposition

Costs orders made post-judgment: mixed result; Yeungs liable for petition and cross-petition costs as specified; provisional liquidators' fees borne by companies; no costs order for the costs hearing.

Orders

  • The Yeungs to pay the Tsangs the costs of the Tsangs' petitions to be taxed on the party and party basis if not agreed
  • The Yeungs to pay the Tsangs the costs of the Yeungs' cross-petitions to be taxed on the indemnity basis in default of agreement