Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 177(1)(f)

  • 27 Feb 2014

    CHINA ENERGY INDUSTRYDEVELOPMENT LTD v. CHINA PEOPLE (HONG KONG) LTD

    Citation
    CHINA ENERGY INDUSTRYDEVELOPMENT LTD v. CHINA PEOPLE (HONG KONG) LTD
    Court
    Court of First Instance
    Case number
    HCCW187/2013

    It was not plain and obvious on the material before the court that the petitions were unarguable; therefore the applications to strike out the petitions in their entirety were refused. However, there was no factual basis shown in the petitions or evidence to justify including a prayer for a winding-up order as alternative relief under s.168A, and the prayers for winding up were struck out. Costs orders were made: respondents to pay 80% of petitioners' costs on the substantive application, and applicants who sought to file additional evidence to pay the other party's costs for those applicatio…

  • 12 Mar 2008

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

    Citation
    YUENG MAN LOONG MAXLY AND ANOTHER v. TSANG SAU HING BEATRICE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCW133/2007

    The court ordered that the Yeungs pay the Tsangs' costs of the petitions to be taxed on the party and party basis and the costs of the Yeungs' cross-petitions to be paid to the Tsangs and taxed on the indemnity basis (in default of agreement). The court refused to order the Yeungs personally to pay the provisional liquidators' remuneration and expenses, holding those costs should be borne by the companies as part of the liquidation; no order was made as to costs of the costs hearing. The orders rested on findings that the cross-petitions were largely unfounded (justifying indemnity costs) whi…

  • 12 Mar 2008

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

    Citation
    BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCW49/2006

    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.

  • 12 Mar 2008

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

    Citation
    BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCW52/2006

    The court ordered that the Yeungs pay the Tsangs' costs of the petitions on a party and party basis and the costs of the Yeungs' cross-petitions to the Tsangs on an indemnity basis (both taxed if not agreed), because the Yeungs' cross-petitions were largely without substance while the petitions involved facets on which the Tsangs did not succeed; the court declined to order the Yeungs personally to pay the provisional liquidators' remuneration and expenses, treating such costs as liabilities of the companies and refusing the exceptional relief sought against the Yeungs personally; no order as…

  • 5 Mar 2007

    CHENG YIN HUNG v. CHOW HUNG FU AND OTHERS

    Citation
    CHENG YIN HUNG v. CHOW HUNG FU AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCW279/2006

    The petitioner abandoned the s.168A claim and proceeded only under s.177(1)(f); the respondents expressly consented to winding up on the basis that the relationship had irretrievably broken down; accordingly the court exercised its statutory power under s.177(1)(f) to order the winding up of Wintax Company Limited and, because the winding-up order made further discovery unnecessary, revoked the prior discovery order under RHC Ord.24 r.17.