Hong Kong Case Law: Decisions & Judgments

Topic

Liquidators' remuneration

Legal area

Court

21 Feb 2025

BDO FINANCIAL SERVICES LTD v. HONG KONG UNIVERSAL JEWELLERY LTD (IN MEMBERS’ VOLUNTARY LIQUIDATION)

Citation

[2025] HKCFI 733
Court

Court of First Instance
Case number

HCA527/2024

Summary judgment refused because the defendant demonstrated arguable, non‑fanciful defences raising triable issues — in particular whether the Company was a party to the Engagement Letter, lack of shareholder approval, insufficiency of invoice particulars affecting the deeming clause, the status of PCL fees, and the arguable existence of an implied term requiring reasonable fees — such that the matter requires trial; consequently interim payment was not considered.
10 Nov 2022

RE GTI HOLDINGS LIMITED (IN OFFICIAL LIQUIDATION

Citation

[2022] HKCFI 3430
Court

Court of First Instance
Case number

HCMP1556/2020

The JOLs had represented to the court that they would bear the costs of and occasioned by the Application and would not seek to recover such costs and their remuneration from the company's assets; the judge properly exercised her discretion in making the Costs Order on that basis and because the JOLs' conduct (including failures of full and frank disclosure and use of an ex parte Cayman mechanism) did not show any reasonable prospect of success on appeal; accordingly leave to appeal was refused and the summons dismissed and a costs order nisi made that the JOLs are not entitled to recover the…
10 Nov 2022

RE GTI HOLDINGS LTD

Citation

[2022] HKCFI 3430
Court

Court of First Instance
Case number

HCCW51/2020

Leave to appeal was refused because the JOLs had, by written statements and oral submissions, represented they would bear and not seek to recover costs and remuneration from the company's assets, made no substantive opposition when the court raised concerns, failed to demonstrate any reasonable prospect of success on the grounds advanced (including full and frank disclosure and other alleged errors), and therefore the Costs Order was properly made and should stand.
21 Apr 2021

RE OSMAN MOHAMMED ARAB AND WONG KWOK KEUNG, JOINT AND SEVERAL LIQUIDATORS OF PEKING FU FACTORY (HONG KONG) LTD (In Creditors’ Voluntary Liquidation)

Citation

[2021] HKCFI 1164
Court

Court of First Instance
Case number

HCMP394/2021

Because the special resolution did not provide for remuneration assessment under s235 and there was no committee of inspection despite attempts to convene creditors, the Court must order an assessment of the liquidators' fees and delegated the assessment to a taxing master.
24 Jan 2018

RE THE GRANDE HOLDINGS LTD

Citation

[2018] HKCFI 507
Court

Court of First Instance
Case number

HCCW177/2011

The appeal was dismissed. The Court held that provisional liquidators, as fiduciaries seeking payment from beneficiaries or parties liable to pay, must justify their claims and may be required to produce contemporaneous documents and supporting material for effective inter partes taxation; the Procedural Guide is flexible and does not preclude production; given the very high level of fees and the adversarial inter partes taxation, the discovery order was proportionate and not oppressive.
4 Jul 2016

THE JOINT & SEVERAL LIQUIDATORS OF PLANET TOYS (HK) LTD (IN LIQUIDATION) v. DESMOND CHUNG SENG CHIONG AND ANOTHER

Citation

THE JOINT & SEVERAL LIQUIDATORS OF PLANET TOYS (HK) LTD (IN LIQUIDATION) v. DESMOND CHUNG SENG CHIONG AND ANOTHER
Court

Court of First Instance
Case number

HCCW248/2009

The court held that respondents had no entitlement to retain and apply the Funds absent compliance with s.244 or taxation; taxation was necessary to legitimise the use of the Funds; accordingly applicants' costs of the three applications were to be paid out of the companies' estates, and respondents were ordered to pay the costs of the hearing because they declined a reasonable consent proposal.
4 Jul 2016

THE JOINT & SEVERAL LIQUIDATORS OF PLANET PETS (HK) LTD (IN LIQUIDATION) v. DESMOND CHUNG SENG CHIONG AND ANOTHER

Citation

THE JOINT & SEVERAL LIQUIDATORS OF PLANET PETS (HK) LTD (IN LIQUIDATION) v. DESMOND CHUNG SENG CHIONG AND ANOTHER
Court

Court of First Instance
Case number

HCCW249/2009

The respondents applied the Funds without satisfying s.244 or securing taxation; taxation and/or creditors' approval was necessary to legitimise the use of estate funds; accordingly the costs of the Applicants' three applications are to be paid out of the estates while the respondents must pay the costs of this hearing for refusing a consent disposal.
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

HCMP118/2014

The Court held that Shinewing's bills lodged for taxation shall stand as the bills to be taxed; taxation is to be conducted in accordance with the Procedural Guide and Maxwell principles; leave granted to set down taxation before a taxing master with five days reserved and an early date to be fixed; no order as to costs between Shinewing and the liquidator while costs for the 2nd to 7th respondents were reserved; and a further interim payment of HKD 3,500,000 was ordered.
28 Aug 2012

RE C.A. PACIFIC FINANCE LTD (in Liquidation)

Citation

RE C.A. PACIFIC FINANCE LTD (in Liquidation)
Court

Court of First Instance
Case number

HCCW36/1998

Applying the Ferris criteria and the assessor's targeted percentage reductions (not an across-the-board cut), the court assessed the liquidators' remuneration for administration of trust assets at HKD 83,252,953 with disbursements HKD 2,543,663, and ordered the Official Receiver to release HKD 2,844,460 from provisional processing fee funds to the liquidators; assessments were conducted by category and period to ensure proportionality and 'value for money'.
28 Aug 2012

RE C.A. PACIFIC FINANCE LTD (in Liquidation)

Citation

RE C.A. PACIFIC FINANCE LTD (in Liquidation)
Court

Court of First Instance
Case number

HCCW37/1998

Applying Ferris criteria and assessor's input, the court conducted a detailed category-by-category assessment applying proportionality/value-for-money reductions (including accepted assessor percentage reductions for early TFMs and specific reductions later), assessed total remuneration for administration of trust assets at HK$83,252,953 with disbursements HK$2,543,663, and ordered the Official Receiver to release HK$2,844,460 from provisional processing fees to the liquidators.