RE HIN-PRO INTERNATIONAL LOGISTICS LTD

HCCW 226/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO 226 OF 2014

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IN THE MATTER of Hin‑Pro International Logistics Limited (軒輝國際物流有限公司)
and
IN THE MATTER of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Chapter 32 of the Laws of Hong Kong

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Before: Hon Ng J in Chambers

Date of Decision: 3 March 2016

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DECISION ON COSTS
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1. By a Judgment handed down on 28 January 2016, this court allowed the Petitioner’s application for leave to re-amend its windingup petition. At paragraph 36 of the Judgment, this court ordered that “In the absence of agreement within 14 days, the partiesare to file and exchange their written submissions on costs, which shall be dealt with by this court on paper”.

2. This court has since received written submissions from the parties on costs.

3. Having considered carefully the submissions, this court is of the view that there is no sufficient reason to depart from the usualorder as to costs in an unsuccessfully resisted application for leave to amend, as set out in Lessy SARL v Pacific Star Development Ltd. [1996] 2 HKC 326.

4. In other words, there should be two sets of costs in relation to the present application:

(1) costs of and occasioned by the amendment be to the Respondent Company; and

(2) costs of the hearing of the application be to the Petitioner;

in any event, to be taxed if not agreed, with certificate for two counsel.

5. This court hereby orders accordingly.

6. Notwithstanding the Petitioner’s request, this court declines to summarily assess costs, given that it has ordered two sets ofcosts relating to the application and the question of set off is likely to arise.

(Peter Ng)
Judge of the Court of First Instance
High Court

Written submissions received from Stephenson Harwood for the Petitioner on 24 February 2016

Written submissions received from Mr George Chu instructed by Damien Shea & Co for the Respondent Company on 24 February 2016