Hong Kong Case Law: Decisions & Judgments

Topic

Liquidator remuneration

Legal area

Court

11 Dec 2025

THE JOINT AND SEVERAL TRUSTEE OF THE PROPERTY OF SO CHING WAN v. ASSEN LTD (IN LIQUIDATION) AND OTHERS

Citation

[2025] HKCA 1107
Court

Court of Appeal
Case number

CACV339/2024

The Court held Master Lai correctly treated the liquidator as a litigant in person and, under Order 62 r.28A and the authorities, the liquidator could recover pecuniary loss for time spent (subject to the statutory caps and taxation), retrospective sanction had been granted so estate liability was addressed, the taxing master had properly scrutinised and reduced the bill and the judge properly applied the limited standard of review and was not required to rehear the taxation de novo; indemnity costs were properly ordered against the Applicant and assessed at HKD 129,000 payable by Mr Tang per…
14 Jun 2024

THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF SO CHING WAN v. ASSEN LTD (IN LIQUIDATION) AND OTHERS

Citation

[2024] HKCFI 1536
Court

Court of First Instance
Case number

HCB4475/2002

Applying O62 r28(4A) the Master held the Section A costs were to be taxed on indemnity basis so doubts resolve for the receiving party; SL and NK, as professional liquidators, demonstrated pecuniary loss and were entitled to above-ordinary rates though moderated by litigant-in-person rules; the Master upheld the previously allowed hourly rates ($4,000 indemnity, $3,600 party-and-party) and the time allowances after item-by-item review, rejected the grounds that lack of leave/sanction or litigant-in-person status defeated recovery, and dismissed the paying party's review in full, awarding cost…
18 Oct 2022

RE SAMWELL SPARE PARTS LTD

Citation

[2022] HKCFI 3185
Court

Court of First Instance
Case number

HCCW379/2021

A proportion of the liquidator's pre- and post-petition costs were properly and necessarily incurred in the voluntary liquidation and in addressing serious allegations and court updates; there was insufficient basis to fix those costs on the Connected Creditors; accordingly the liquidator's reasonable costs and any Official Receiver costs are liquidation expenses payable from the company's assets and the statutory priority of payment is not varied.
19 Jan 2022

RE LEHMAN BROTHERS ASIA HOLDINGS LTD (in liquidation)

Citation

[2022] HKCFI 178
Court

Court of First Instance
Case number

HCCW443/2008

Where an application falls between administrative and adversarial character the court exercises its discretion; given the Liquidators' application concerned their personal financial interests and the Official Receiver's legitimate engagement to ensure correct principles, the court ordered that each party bear their own costs and made no costs order against either party.
23 Jul 2021

RE LEHMAN BROTHERS ASIA HOLDINGS LTD (in liquidation)

Citation

[2021] HKCFI 2137
Court

Court of First Instance
Case number

HCCW443/2008

The court held that an additional payment proposed by the sole creditor can, in principle, be treated as remuneration and approved by the court; the Maxwell assessment principles do not rigidly apply where the payment is a creditor‑driven bonus and a further taxation would be meaningless; however the court must scrutinise the genuineness of creditor agreement and require evidence on how the bonus will be distributed before granting sanction.
28 Apr 2021

RE WAN HIN AND CO LTD (In Liquidation) (“the Company”)

Citation

[2021] HKCFI 1228
Court

Court of First Instance
Case number

HCCW614/1997

The Liquidators' reasons (anticipated substantial asset recovery and prior non-payment) do not justify departing from the normal practice of assessing fees on a time-cost basis; accordingly the request for assessment on a percentage basis under Rule 196(2) is refused and fees are to be assessed at Panel A rates, with costs to be paid out of the company assets and the Official Receiver's costs fixed at HK$64,000.
27 Sept 2018

RE STX PAN OCEAN (HONG KONG) CO., LTD (In Liquidation) (the “Company”)

Citation

[2018] HKCFI 2210
Court

Court of First Instance
Case number

HCCW324/2013

The court held that 'realised' in Item I of Table B of the CFPO is not limited to conversion into cash but includes amounts 'got in' and brought to credit in the compulsory liquidation; therefore ad valorem fees are payable on the net amounts remitted by the former creditors' voluntary liquidators into the compulsory liquidation after the winding up order. The Liquidators' summons was dismissed.
11 Jun 2015

RE MF GLOBAL HONG KONG LTD

Citation

RE MF GLOBAL HONG KONG LTD
Court

Court of First Instance
Case number

HCCW356/2011

The court ordered that Trust Costs be borne pari passu by Qualifying Clients and paid from Client Money (a Berkley Applegate order) and held that Qualifying Clients may prove as unsecured creditors for any shortfall arising from deduction of Trust Costs or from a deficiency in the Client Money pool because the RCA did not exclude liability for a trustee's failure to return trust assets and the Berkley Applegate principle does not preclude recourse against the company for loss caused by the company's breach of duty.
12 Feb 2015

SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH AND OTHERS

Citation

SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH AND OTHERS
Court

Court of First Instance
Case number

HCCW346/2010

The court ordered that Shinewing's bills lodged for taxation do stand as the bills to be taxed, directed that taxation proceed under the Procedural Guide and the Maxwell principles, granted leave to set down taxation with five days reserved, refused to make an order for costs between Shinewing and the liquidator (but reserved costs for the shareholders), and granted a further interim payment of HKD 3,500,000 because a comfortable margin remained to cover potential disallowances on taxation.
12 Feb 2015

SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH AND OTHERS

Citation

SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH AND OTHERS
Court

Court of First Instance
Case number

HCMP117/2014

The court ordered that the claimant's lodged bills stand as the bills to be taxed; taxation is to proceed in accordance with the Procedural Guide and the Maxwell Principles with leave to set down taxation before a taxing master with five days reserved; no order as to costs between the claimant and the liquidator and costs reserved for the shareholders; and a further interim payment of HKD 3.5 million was granted to the claimant.