THE PUI YING MIDDLE SCHOOL OF HONG KONG AND OTHERS v. SO SHING YIT ERIC AND OTHERS

THE PUI YING MIDDLE SCHOOL OF HONG KONG AND OTHERS v. SO SHING YIT ERIC AND OTHERS

The court exercised its discretion and concluded that the 2nd Action was the central matter at trial and that apportionment should not be determined arithmetically by listing estimates; accordingly the defendants' costs in the two actions were apportioned 1/6 to HCA 1991/2016 and 5/6 to HCA 3314/2016, and the costs...

Source-derived case information.

Citation
[2023] HKCFI 1288
Parties
1st Plaintiff: THE PUI YING MIDDLE SCHOOL OF HONG KONG; 2nd Plaintiff: LEE WAI TING WILLIAM; 3rd Plaintiff (discontinued): LI CHI KIN DANIEL; 4th Plaintiff: LEUNG CHUEK MAN; 1st Defendant: SO SHING YIT ERIC; 2nd Defendant: BETTSY NG; 3rd Defendant: YUNG CHUEN HUNG; 4th Defendant: MA CHI MAN JICK; 5th Defendant (discontinued): FUNG SAU CHUNG; 6th Defendant: LI KAM CHEONG; 7th Defendant: CHAN YEE YEE; Defendant (hca 3314/2016): THE HONG KONG COUNCIL OF THE CHURCH OF CHRIST IN CHINA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 May 2023
Case Number
HCA1991/2016
Procedural Posture
Civil Costs Apportionment Between Two Actions Heard Together / Application for Apportionment of Costs After Trial / Judgment on Liability and Costs
Outcome
Apportionment directed: defendants' costs in the two actions apportioned 1/6 for HCA 1991/2016 and 5/6 for HCA 3314/2016; costs of the apportionment application to be paid by the defendants to the plaintiff on a nisi basis.
Legal Topics
Apportionment of Costs, Nisi Order, Consolidation/connected Actions and Allocation of Costs
Source Language
en
Civil Litigation Costs and Funding Procedure Apportionment of Costs Nisi Order Consolidation/connected Actions and Allocation of Costs

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Parties

THE PUI YING MIDDLE SCHOOL OF HONG KONG

1st Plaintiff

LEE WAI TING WILLIAM

2nd Plaintiff

LI CHI KIN DANIEL

3rd Plaintiff (discontinued)

LEUNG CHUEK MAN

4th Plaintiff

SO SHING YIT ERIC

1st Defendant

BETTSY NG

2nd Defendant

YUNG CHUEN HUNG

3rd Defendant

MA CHI MAN JICK

4th Defendant

FUNG SAU CHUNG

5th Defendant (discontinued)

LI KAM CHEONG

6th Defendant

CHAN YEE YEE

7th Defendant

THE HONG KONG COUNCIL OF THE CHURCH OF CHRIST IN CHINA

Defendant (hca 3314/2016)

Procedural Posture

Civil Costs Apportionment Between Two Actions Heard Together / Application for Apportionment of Costs After Trial / Judgment on Liability and Costs

Legal Issues

  1. 1 Whether and how to apportion the defendants' costs between HCA 1991/2016 and HCA 3314/2016
  2. 2 Whether Listing Questionnaire time estimates should determine apportionment
  3. 3 Whether equal apportionment is appropriate where issues are intertwined but one action was central at trial

Ratio Decidendi

The court exercised its discretion and concluded that the 2nd Action was the central matter at trial and that apportionment should not be determined arithmetically by listing estimates; accordingly the defendants' costs in the two actions were apportioned 1/6 to HCA 1991/2016 and 5/6 to HCA 3314/2016, and the costs of the apportionment application were ordered to be paid by the defendants to the plaintiff on a nisi basis.

Court Disposition

Apportionment directed: defendants' costs in the two actions apportioned 1/6 for HCA 1991/2016 and 5/6 for HCA 3314/2016; costs of the apportionment application to be paid by the defendants to the plaintiff on a nisi basis.

Orders

  • The defendants' costs in the Two Actions are apportioned as to 1/6 for HCA 1991/2016 and 5/6 for HCA 3314/2016 respectively
  • The costs of this application for apportionment shall be paid by the defendants to the plaintiff on a nisi basis