11 Mar 2022
WING HONG CONSTRUCTION LTD v. HUI CHI YUNG AND OTHERS
- Citation
- [2022] HKCFI 639
- Court
- Court of First Instance
- Case number
- HCA1423/2015
The court refused to make a non‑party costs order against the liquidators because the high threshold for such an exceptional order was not met: there was no established impropriety or bad faith, the claim was not wholly misconceived, the liquidators had creditor approval and acted in the interests of creditors, they were not 'real parties' in the sense of self‑interested commercial funders, and the existence of security for costs was a material discretionary reason against imposing non‑party liability; accordingly the liquidators were joined for costs purposes only and the Non‑Party Costs Sum…