|
HCMP 801/2022 and HCMP 802/2022
(HEARD TOGETHER)
[2025] HKCFI 901
HCMP 801/2022
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 801 OF 2022
________________________
| |
IN THE MATTER OF Cheer Creation Limited |
| |
and |
| |
IN THE MATTER OF sections 158, 159, 570 and 633 of the Companies Ordinance (Cap 622) |
| |
and |
| |
IN THE MATTER OF section 21L of the High Court Ordinance (Cap 4) |
________________________
BETWEEN
|
WONG PUI YIN GEORGEANNA (as the administratrix
of the estate of WONG CECILIA PUI LUEN, deceased)
|
Plaintiff |
| |
and |
|
|
CHEER CREATION LIMITED |
1st Defendant |
|
e-CORPORATE SERVICE LIMITED |
2nd Defendant |
________________________
AND
HCMP 802/2022
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 802 OF 2022
________________________
| |
IN THE MATTER OF Elite Giant Limited |
| |
and |
| |
IN THE MATTER OF sections 158, 159, 570 and 633 of the Companies Ordinance (Cap 622) |
| |
and |
| |
IN THE MATTER OF section 21L of the High Court Ordinance (Cap 4) |
________________________
BETWEEN
|
WONG PUI YIN GEORGEANNA (as the administratrix
of the estate of WONG CECILIA PUI LUEN, deceased)
|
Plaintiff |
| |
and |
|
|
ELITE GIANT LIMITED
|
1st Defendant |
|
e-CORPORATE SERVICE LIMITED
|
2nd Defendant |
________________________
(HEARD TOGETHER)
| Before: |
Hon Harris J in Chambers |
| Date of Hearing: |
25 February 2025 |
| Date of Decision: |
25 February 2025 |
________________________
D E C I S I O N
________________________
1. On 24 June 2022 the Plaintiff issued originating summonses in these two proceedings and sought in [4] an order that:
“An Order pursuant to Section 21L of the High Court Ordinance and the inherent jurisdiction of the Court against the 2nd Defendant for the delivery up and return of all statutory books, records and other documents of the 1st Defendant in the 2nd Defendant’s power, possession and/or custody to the 1st Defendant by delivering to the Plaintiff, as newly appointed director of the 1st Defendant, forthwith.”
2. In the circumstances, described in my decision dated 24 January 2025 the Plaintiff agreed to discontinue the proceedings against the 2nd Defendant. The only issue that needed to be determined by the Court was who was to pay the costs.
3. For the reasons contained in my short decision I determined that the 2nd Defendant should pay the Plaintiff’s costs of the relevant proceedings such costs to be taxed if not agreed with a certificate for counsel. The 2nd Defendant has now issued summonses in both proceedings seeking leave to appeal the costs orders to the Court of Appeal.
4. In short, two principal grounds appear to be advanced in support of the 2nd Defendant’s case that my decision was plainly wrong. The first relates to whether or not it can be said that the Plaintiff was substantially successful in obtaining the documents sought in [4] of the originating summonses. The complaint here seems to be that my decision does not analyse precisely what was sought in the originating summonses and precisely what was obtained in order to reach the decision that I did.
5. This seems to me to be a rather arid point, as [4] sought amongst other things “other documents” of the Company and the suggestion that the records that were provided were not the property of the Company, seems to me to be entirely artificial. It was plain what the Plaintiff sought, why she sought them and that she received documents of the sort that she wanted.
6. The second relates to whether or not the Plaintiff should have reached its decision to discontinue the application earlier. It seems to me that the Plaintiff’s decision was reasonable and I can see no sensible reason for thinking the Court of Appeal might conclude that my reasons and conclusions were sufficiently bad that the Court of Appeal should interfere with my decision.
7. I, therefore, dismiss the two summonses and I will make an order that the 2nd Defendant pays the Plaintiff’s costs forthwith with a certificate for counsel such costs be taxed if not agreed.
|
(Jonathan Harris) |
|
Judge of the Court of First Instance High Court |
Mr Byron Chiu, instructed by Tsang, Chan & Wong, for the Plaintiff (in both actions)
Mr Shaun Elijah Tan, instructed by Keith Lam Lau & Chan, for the 2nd Defendant (in both actions)
The 1st Defendant was not represented and did not appear (in HCMP 801/2022)
The 1st Defendant was not represented and did not appear (in HCMP 802/2022)
|