Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs against directors

  • 30 Oct 2013

    RE MITSA (HK) LTD

    Citation
    RE MITSA (HK) LTD
    Court
    Court of First Instance
    Case number
    HCCW67/2012

    On the evidence the court could not conclude that YL Chu and Katherine Chu caused an abuse of process or breached fiduciary duties prior to about early October 2012; accordingly costs incurred prior to 10 October 2012 should be borne by the Company on an indemnity basis. Once advice made their authority doubtful and the High Court Action was abandoned, by 10 October 2012 the directors ought to have instructed settlement and costs incurred thereafter were unnecessary and attributable to them; accordingly costs of the proceedings from 10 October 2012 to 31 October 2013 inclusive are ordered to…

  • 15 Jun 2012

    RE DIANOOR INTERNATIONAL LTD

    Citation
    RE DIANOOR INTERNATIONAL LTD
    Court
    Court of First Instance
    Case number
    HCCW576/2008

    The court held that Aiyer and Wani acted on behalf of the companies pursuant to an express reservation of powers and were not parties in their personal capacity; accordingly costs of the validation order and provisional liquidator applications are payable by the companies as liquidation expenses, the Petitioners are entitled to their costs of the validation applications, and the Jersey Receivers' costs of HCMP 789/2008 are to be paid by the companies (3rd and 4th defendants) taxed on party and party if not agreed.