BRODY LTD. AND ANOTHER v. CHU KONG SHIPPING ENTERPRISES (HOLDINGS) CO. LTD. AND ANOTHER

Parties

Procedural Posture

Commercial List Strike Out Application / Decision on Strike Out Application and Costs

Legal Issues

1. 1 Whether the 1st Defendant's defence was defective and embarrassing and liable to be struck out
2. 2 Whether subsequent amendments cured defects in the defence
3. 3 Whether the Plaintiffs are entitled to costs of the strike out application and related hearings

Ratio Decidendi

The amended defence cured the pleaded defects; the strike out application achieved its purpose and the Plaintiffs are entitled to costs of and occasioned by the strike out application (including the prior hearing) and to costs thrown away by the Defendant's amendment; those costs are to be taxed if not agreed.

Court Disposition

Application resulted in costs awarded to Plaintiffs; 1st Defendant ordered to pay costs of strike out application and costs thrown away by amendment, costs to be taxed if not agreed.

Orders

• The 1st Defendant do pay to the 1st Plaintiff the costs of and occasioned by the strike out application issued by the 1st Plaintiff pursuant to its summons dated 12th September 1997, in any event, to be taxed if not agreed (such costs to include the costs of the hearings on 4th June 1998 and 11th February 1999)
• The 1st Defendant do pay the 1st and 2nd Plaintiffs in any event the costs incurred and thrown away by the amendment to the Defence of the 1st Defendant, and the costs of any consequential amendment, such costs to be taxed if not agreed.