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HCCL 16/2009
[2022] HKCFI 1423
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMMERCIAL ACTION NO 16 OF 2009
(TRANSFERRED FROM HIGH COURT ACTION NO 2203 OF 2004)
____________________
| BETWEEN |
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PACIFIC ELECTRIC WIRE & CABLE CO., LTD. |
Plaintiff |
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and |
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TEXAN MANAGEMENT LIMITED |
1st Defendant |
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CLIPPER INVESTMENT LIMITED
(formerly known as PACIFIC CAPITAL (INVESTMENT) LIMITED) |
2nd Defendant |
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PACIFIC CAPITAL (ASIA) LIMITED |
3rd Defendant |
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ALL DRAGON INTERNATIONAL LIMITED |
4th Defendant |
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PCL HOLDINGS LIMITED
(formerly known as PACIFIC CAPITAL (HOLDINGS) LIMITED |
5th Defendant |
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LAIDLAW PACIFIC FINANCIAL SERVICES (HOLDINGS) LIMITED
(formerly known as PACIFIC CAPITAL FINANCIAL SERVICES (HOLDINGS) LIMITED) |
6th Defendant |
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SUPER WISH LIMITED |
7th Defendant |
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HU HUNG CHIU (胡洪九) |
8th Defendant |
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WONG KUN TO (黃勤道) |
9th Defendant
(discontinued) |
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CHEUNG KWAN HUNG, ANTHONY (張鈞鴻) |
10th Defendant
(discontinued) |
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MA KAM FOOK ROBERT (馬金福) |
11th Defendant |
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CHENG SHU WING (鄭樹榮) |
12th Defendant
(discontinued) |
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TUNG HSIU CHUN (仝秀君), the person
entitled to manage and administer the estate of
Tung Yu Jeh (仝玉潔) (deceased)
(By Order to carry on) |
13th Defendant |
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SUN TAO TSUN (孫道存) |
14th Defendant |
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PANG HONG (龐鴻) |
15th Defendant
(discontinued) |
____________________
HCCL 17/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMMERCIAL ACTION NO 17 OF 2009
(TRANSFERRED FROM HIGH COURT ACTION NO 2746 OF 2004)
____________________
| BETWEEN |
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PACIFIC ELECTRIC WIRE & CABLE CO., LTD. |
Plaintiff |
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and |
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GOLD GLOBAL LIMITED |
1st Defendant |
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PCL NOMINEES LIMITED |
2nd Defendant |
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GREATEAM LIMITED |
3rd Defendant |
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HU HUNG CHIU (胡洪九) |
4th Defendant |
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CHUNG CHE LING (鍾子陵) |
5th Defendant |
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YIP CHI HUNG (葉稚雄) |
6th Defendant |
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TAM PUI NA, RAFIA (譚佩娜) |
7th Defendant
(discontinued) |
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HARMUTTY LIMITED |
8th Defendant |
____________________
HCCL 18/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMMERCIAL ACTION NO 18 OF 2009
(TRANSFERRED FROM HIGH COURT ACTION NO 2763 OF 2004)
____________________
| BETWEEN |
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PACIFIC ELECTRIC WIRE & CABLE CO., LTD. |
Plaintiff |
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and |
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HARMUTTY LIMITED |
1st Defendant |
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HADDOWE LIMITED |
2nd Defendant |
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CASPARSON PROPERTIES LIMITED |
3rd Defendant |
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HU HUNG CHIU (胡洪九) |
4th Defendant |
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YIP CHI HUNG (葉稚雄) |
5th Defendant |
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CHUNG CHE LING (鍾子陵) |
6th Defendant |
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TUNG HSIU CHUN (仝秀君), the person
entitled to manage and administer the estate of
Tung Yu Jeh (仝玉潔) (deceased)
(By Order to carry on) |
7th Defendant |
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SUN TAO TSUN (孫道存) |
8th Defendant |
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TAM PUI NA, RAFIA (譚佩娜) |
9th Defendant
(discontinued) |
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WONG KUN TO (黃勤道) |
10th Defendant
(discontinued) |
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CHEUNG KWAN HUNG, ANTHONY (張鈞鴻) |
11th Defendant
(discontinued) |
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AFTERVILLE LIMITED |
12th Defendant |
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NEE SOON LIMITED |
13th Defendant |
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SHOWGROUND LIMITED |
14th Defendant |
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BERRIDALE DEVELOPMENTS LIMITED |
15th Defendant |
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JUTECH INVESTMENTS LIMITED |
16th Defendant |
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ALL DRAGON INTERNATIONAL LIMITED |
17th Defendant |
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BLINCO ENTERPRISES LIMITED |
18th Defendant |
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PATAGONIA LIMITED |
19th Defendant |
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MA KAM FOOK, ROBERT (馬金福) |
20th Defendant |
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HU SUN MAR LI (胡孫瑪琍) |
21st Defendant
(discontinued) |
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TOP SELECTION COMPANY LIMITED |
22nd Defendant |
____________________
(Heard Together)
Before: Hon Anthony Chan J in Chambers
Date of Hearing: 21 April 2022
Date of Decision: 21 April 2022
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DECISION
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1.This application for appointment of Receivers over the only identified assets of Mr Hu Hung Chiu is not defended. I am satisfied that the papers had been properly served on Mr Hu. I am equally satisfied on the evidence filed and submissions made before the court that this application is well-founded. Without the appointment of Receivers, there is no practical way by which the assets in question can be realised to pay the huge amount of costs due from Mr Hu to the Plaintiff. Subject to the undertaking to file an affirmation verifying what I have been told this morning concerning the Hong Kong assets of the Plaintiff, I grant the order in terms of the draft order as amended.
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( Anthony Chan )
Judge of the Court of First Instance
High Court
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Mr Martin Ho, instructed by Lo & Lo, for the Plaintiff in HCCL 16/2009, Plaintiff in HCCL 17/2009 and Plaintiff in HCCL 18/2009
The 8th Defendant in HCCL 16/2009, the 4th Defendant in HCCL 17/2009 and the 4th Defendant in HCCL 18/2009, was not represented and did not appear
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