Lau Siu Hung and Another v. Krzysztof Marszalek and Another

Read the full judgment text of HCCW 484/2009 on BabelCite. This High Court CFI judgment was delivered on 24 June 2013.

1. Pursuant to the directions of this court contained in para 58 of the judgment dated 17 June 2013, written submissions have been received from the parties on the issue of interest.

Case No.HCCW 484/2009
Court
High Court CFI
Date24 Jun 2013
Judge
Case Document
100%Judiciary

HCCW484/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO 484 OF 2009

---------------------------

 

IN THE MATTER of the Companies Ordinance (Cap. 32)

 

and

 

IN THE MATTER of STARLINE INTERNATIONAL GROUP LIMITED

BETWEEN

  LAU SIU HUNG and LIANG YANG KENG Applicants
  (being the Joint and Several Liquidators of Starline International Group Limited (In Liquidation))  
 

and

 
  KRZYSZTOF MARSZALEK 1st Respondent
  YU SHUN LEUNG GRADY 2nd Respondent
----------------------------
Before: Hon Anthony Chan J in Chambers
Date of written submissions: 19 & 20 June 2013
Date of Decision: 24 June 2013

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DECISION ON INTEREST

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1.Pursuant to the directions of this court contained in para 58 of the judgment dated 17 June 2013, written submissions have been received from the parties on the issue of interest.

2.Those submissions have been considered.  I do not believe that the respondents are taken by surprise by the applicants’ claim for interest.  The claim has been made in paras 3 and 4 of the Amended Summons.

3.I do not see any reason not to award interest against the respondents in light of the findings made by this court.  In respect of the pre-judgment interest, I award interest on the impugned payments which runs from the dates when those payments were made to the respondents until 17 June 2013 at prime plus 1%.  Thereafter, interest at judgment rate(s) applies until payment.

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

Mr Chung Ming Shing Jerry, instructed by Johnnie Yam, Jacky Lee & Co, for the applicants

Mr Roger Beresford, instructed by Robertsons, for the respondents