Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs orders (indemnity vs party and party)
  • 14 Mar 2014

    CHEN YUNG NGAI KENNETH v. TANG CHUNG WAH ALAN

    Citation
    CHEN YUNG NGAI KENNETH v. TANG CHUNG WAH ALAN
    Court
    Court of First Instance
    Case number
    HCMP113/2013

    Given the irretrievable breakdown in the working relationship and the shareholders' resolution, Mr Tang should have stepped down and his resistance to removal was unjustified; accordingly removal need not have been resisted and indemnity costs are appropriate for the removal application. For the production application, although SWSAS had asserted unpaid and unbilled fees, the agreed settlement and the need to progress the liquidations meant SWSAS should bear 100% of the costs but on a party and party basis; the 27 August 2013 order should be amended under the slip rule to record consent.

    • Removal of liquidator
    • Production of books and records
    • Costs orders (indemnity vs party and party)
    • Taxation of costs
    • Slip rule amendment