Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Stay pending winding-up (s181 companies ordinance)
  • 1 Jun 2007

    JACKIN TOTAL FULFILMENT SERVICES LTD AND ANOTHER v. JOHNSON STOKES & MASTER (a firm)

    Citation
    JACKIN TOTAL FULFILMENT SERVICES LTD AND ANOTHER v. JOHNSON STOKES & MASTER (a firm)
    Court
    Court of First Instance
    Case number
    HCMP736/2007

    Summary judgment entered for Johnson Stokes & Master because the defendants' counterclaim was not a genuine bona fide defence and failed on causation; the application for taxation was discretionary under s67 and, given the late, generalised and tactical nature of the challenge, taxation was refused; the application for stay pending winding-up was refused because exceptional circumstances existed (no bona fide defence, apparent dissipation/tactical conduct) and the plaintiff undertook not to execute judgment until winding-up resolved.

    • Summary judgment (order 14)
    • Taxation of legal bills (s67 legal practitioners ordinance)
    • Stay pending winding-up (s181 companies ordinance)
    • Bona fide defence threshold
    • Causation in negligence
    • Discovery in arbitration