Pacific Electric Wire & Cable Co., Ltd v. Texan Management Ltd and Others

Read the full judgment text of HCCL 16/2009 on BabelCite. This HCCL judgment was delivered on 21 April 2022.

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 und

Cited by 10 cases · Cites 1 case

Case No.HCCL 16/2009[2022] HKCFI 1423
Court
HCCL
Date21 Apr 2022
Judge
Case Document
100%Judiciary

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    
  PACIFIC ELECTRIC WIRE & CABLE CO., LTD. Plaintiff
  and  
  TEXAN MANAGEMENT LIMITED 1st Defendant
  CLIPPER INVESTMENT LIMITED
(formerly known as PACIFIC CAPITAL (INVESTMENT) LIMITED)
2nd Defendant
  PACIFIC CAPITAL (ASIA) LIMITED 3rd Defendant
  ALL DRAGON INTERNATIONAL LIMITED 4th Defendant
  PCL HOLDINGS LIMITED
(formerly known as PACIFIC CAPITAL (HOLDINGS) LIMITED
5th Defendant
  LAIDLAW PACIFIC FINANCIAL SERVICES (HOLDINGS) LIMITED
(formerly known as PACIFIC CAPITAL FINANCIAL SERVICES (HOLDINGS) LIMITED)
6th Defendant
  SUPER WISH LIMITED 7th Defendant
  HU HUNG CHIU (胡洪九) 8th Defendant
  WONG KUN TO (黃勤道) 9th Defendant
(discontinued)
  CHEUNG KWAN HUNG, ANTHONY (張鈞鴻) 10th Defendant
(discontinued)
  MA KAM FOOK ROBERT (馬金福) 11th Defendant
  CHENG SHU WING (鄭樹榮) 12th Defendant
(discontinued)
  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
  SUN TAO TSUN (孫道存) 14th Defendant
  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    
  PACIFIC ELECTRIC WIRE & CABLE CO., LTD. Plaintiff
  and  
  GOLD GLOBAL LIMITED 1st Defendant
  PCL NOMINEES LIMITED 2nd Defendant
  GREATEAM LIMITED 3rd Defendant
  HU HUNG CHIU (胡洪九) 4th Defendant
  CHUNG CHE LING (鍾子陵) 5th Defendant
  YIP CHI HUNG (葉稚雄) 6th Defendant
  TAM PUI NA, RAFIA (譚佩娜) 7th Defendant
(discontinued)
  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    
  PACIFIC ELECTRIC WIRE & CABLE CO., LTD. Plaintiff
  and  
  HARMUTTY LIMITED 1st Defendant
  HADDOWE LIMITED 2nd Defendant
  CASPARSON PROPERTIES LIMITED 3rd Defendant
  HU HUNG CHIU (胡洪九) 4th Defendant
  YIP CHI HUNG (葉稚雄) 5th Defendant
  CHUNG CHE LING (鍾子陵) 6th Defendant
  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
  SUN TAO TSUN (孫道存) 8th Defendant
  TAM PUI NA, RAFIA (譚佩娜) 9th Defendant
(discontinued)
  WONG KUN TO (黃勤道) 10th Defendant
(discontinued)
  CHEUNG KWAN HUNG, ANTHONY (張鈞鴻) 11th Defendant
(discontinued)
  AFTERVILLE LIMITED 12th Defendant
  NEE SOON LIMITED 13th Defendant
  SHOWGROUND LIMITED 14th Defendant
  BERRIDALE DEVELOPMENTS LIMITED 15th Defendant
  JUTECH INVESTMENTS LIMITED 16th Defendant
  ALL DRAGON INTERNATIONAL LIMITED 17th Defendant
  BLINCO ENTERPRISES LIMITED 18th Defendant
  PATAGONIA LIMITED 19th Defendant
  MA KAM FOOK, ROBERT (馬金福) 20th Defendant
  HU SUN MAR LI (胡孫瑪琍) 21st Defendant
(discontinued)
  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

________________

DECISION

________________

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.

  ( Anthony Chan )
Judge of the Court of First Instance
High Court

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