Read the full judgment text of HCCW 170/2016, HCCW 171/2016, HCCW 172/2016, HCA 2225/2016, HCA 2078/2017, HCA 2998/2017, HCA 2999/2017, HCA 3000/2017, HCA 133/2018, HCA 136/2018, HCA 1291/2018 (Consolidated) [2020] HKCFI 379 on BabelCite. This Court of First Instance judgment was delivered on 4 March 2020 before K Yeung J.
Companies – winding-up – consolidated proceedings – 11 actions (HCCW 170-172/2016, HCA 2225/2016, HCA 2078/2017, HCA 2998-3000/2017, HCA 133/2018, HCA 136/2018, HCA 1291/2018) – petition under s.327(3)(c) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) – consolidated by order of Harris J dated 5 December 2018 – direction summons for consolidated pleadings – costs summons for payment out of Sanction Payment – disputes over Fung Senior's Wishes and Trust Arrangement, Consensus vs Withdrawal/Wyse Agreements dichotomy, and withdrawal of funds from corporate parties – common legal issues including importing of fiduciary duties – underlying objectives in O.1A r.1 and case management duties under O.1A r.4 – whether consolidation of pleadings will save time and costs – Yong Li Investments Ltd v Lee Sing Leung Robin [2018] HKCFI 1711 – alternative of agreed facts and issues per Mass Ocean International Ltd v Trinity Holdings (Hong Kong) Ltd & Ors [2019] HKCFI 2323 – Appeal Decisions in [2020] HKCFI 252 – issues whether consolidated pleadings should be ordered (yes, granted) and who should bear costs of Costs Summons (Petitioner) – consolidated pleadings ordered with directions in §§1(a)-(d) of Direction Summons – Costs Summons granted in terms – Petitioner to bear costs of both the Direction Summons (costs order nisi, taxed if not agreed) and the Costs Summons – HK$1,040 costs ordered to be paid out to Applicants.
Legal issues: Whether to order consolidated pleadings upon consolidation of 11 actions · Costs of the Costs Summons for payment out of Sanction Payment
Outcome: Direction Summons granted in terms; consolidated set of pleadings ordered. Costs Summons granted; Petitioner to bear costs of the application.
Cited by 21 cases · Cites 4 cases