Hong Kong Case Law: Decisions & Judgments

Topic

Misfeasance allegations

Legal area

Court

21 Nov 1985

RE MILLIE\'S PROPERTY MANAGEMENT CO. LTD.

Citation

RE MILLIE\'S PROPERTY MANAGEMENT CO. LTD.
Court

Court of First Instance
Case number

HCMP91/1985

Where an interlocutory application to determine provisional liquidators' remuneration is met by unparticularised allegations of misfeasance by the Official Receiver, the Court will not deal with the allegations in the same proceeding; the Official Receiver must either commence s.276 proceedings or withdraw the allegations, otherwise he is barred from raising them at the adjourned hearing; allegations of fraud/misfeasance require strict particularisation and evidence before they can affect the course of assessment of fees.
21 Nov 1985

RE MILLIE\'S HANDBAG AND SHOES FACTORY LTD.

Citation

RE MILLIE\'S HANDBAG AND SHOES FACTORY LTD.
Court

Court of First Instance
Case number

HCMP93/1985

The Court held that unparticularised allegations of misfeasance by the Official Receiver cannot be used to delay or derail the taxation of the provisional liquidators' fees; the Official Receiver must either commence separate proceedings under s.276 or withdraw the allegations, failing which he will be barred from raising them at the adjourned taxation hearing. The proper route for assessment of the applicants' fees is taxation by a Master pursuant to Rule 6 of the Companies (Winding‑up) Rules, subject to any legitimate exclusions of work not properly undertaken.
21 Nov 1985

RE MILLIE\'S WHOLESALE CENTRE LTD.

Citation

RE MILLIE\'S WHOLESALE CENTRE LTD.
Court

Court of First Instance
Case number

HCMP94/1985

Allegations of misfeasance cannot be allowed to be dealt with on the fee assessment summonses without particularised evidence or separate proceedings; the Official Receiver must either commence proceedings (or apply under s.276) or withdraw the allegations, otherwise he is barred from raising them at the adjourned hearing of the present summonses. The fee assessment remains to be considered by a Master under the winding‑up rules.
21 Nov 1985

RE MILLIE\'S TRADING CO. LTD.

Citation

RE MILLIE\'S TRADING CO. LTD.
Court

Court of First Instance
Case number

HCMP95/1985

The Court held that allegations of misfeasance cannot be litigated in the present summonses for directions as to remuneration; the Official Receiver must either commence separate proceedings under s.276 or withdraw the allegations, otherwise he is barred from raising them at the adjourned hearing; the proper course for assessment of the applicants' fees is by taxation before a Master pursuant to Rule 6 and a report to the Companies Judge.

Hong Kong Case Law

RE MILLIE\'S PROPERTY MANAGEMENT CO. LTD.

RE MILLIE\'S HANDBAG AND SHOES FACTORY LTD.

RE MILLIE\'S WHOLESALE CENTRE LTD.

RE MILLIE\'S TRADING CO. LTD.