Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proof of debt appeals

Legal area

Court

6 Sept 2006

RE OCEAN TIME DEVELOPMENT LTD AND OTHERS

Citation

RE OCEAN TIME DEVELOPMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW334/2004

The court varied the costs nisi: certified the appeals fit for two counsel and allowed the liquidators to recoup GGI's costs from the companies' assets; held the personal action against liquidators was procedurally wrong and futile because the correct mechanism was an application under s.276, and accordingly awarded the liquidators their costs of the strike‑out application and of the action on an indemnity basis to prevent them and the creditors bearing the shortfall.
6 Sept 2006

RE OCEAN TIME DEVELOPMENT LTD

Citation

RE OCEAN TIME DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCCW336/2004

The court varied its costs orders: certified the appeals as fit for two counsel; allowed the liquidators to meet the costs payable to the creditor out of the companies' assets (subject to any shortfall); ordered that GGI pay the liquidators' costs of the striking out application and of the action on an indemnity basis because the proceedings were misconceived procedurally (should have been pursued under s.276) and were wholly futile, thereby justifying indemnity costs to prevent the liquidators and creditors bearing the shortfall.