Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs of receivership

Legal area

Court

14 Jul 2015

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人

Citation

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人
Court

Court of First Instance
Case number

HCA2191/2014

Dismiss Direction 1 as misconceived and premature: paragraph 18 of the earlier receivership decision already limits receivers from altering board composition without court directions; receivers are independent and must investigate and obtain advice before voting; the 1st defendant cannot pre-empt their duties; application wasted court and receivers' time and costs were ordered against the 1st defendant.
25 May 2005

THE SECRETARY FOR JUSTICE v. HUI YAT FAI AND OTHERS

Citation

THE SECRETARY FOR JUSTICE v. HUI YAT FAI AND OTHERS
Court

Court of Appeal
Case number

CACV187/2004

The Bank succeeded on appeal in overturning the amended order; the Receiver's application to vary the costs order nisi is dismissed; the Bank is entitled to one-third of the costs of the appeal (reflecting a two-thirds discount for partial success); the one-third payable by the Receiver shall form part of the costs of receivership and is payable forthwith; questions about recovery from restrained account balances are hypothetical and must be determined at first instance if necessary.