Read the full judgment text of HCCW 63/1999 on BabelCite. This High Court CFI judgment was delivered on 3 May 2000 before Le Pichon J.
Civil procedure – costs – indemnity costs – winding-up petition – Companies Ordinance Cap 32 s.177(1)(c) and (f) and s.168A(2)(c) – minority shareholder's petition seeking buy-out and alternatively winding-up order – petition dismissed for lack of merit – whether indemnity costs appropriate – test from Sung Foo Kee Ltd v Pak Lik Co – whether petition brought for collateral purpose amounts to abuse of process – open offers to purchase shares at independent valuation unreasonably rejected – probate action commenced shortly after deceased's death – petition filed to thwart respondents' resumption of control of company – held, petition had no sound basis in fact and law and was brought for collateral purpose rendering it an abuse of process – indemnity costs ordered in favour of respondents
Legal issues: Whether indemnity costs should be awarded against the petitioner following dismissal of the winding-up petition
Outcome: Indemnity costs ordered in favour of the respondents
Cited by 4 cases