NG YUK NGOR AND ANOTHER v. WONG TAK WAH & YU YUET NGOR and their successors in title in respect of Flat 4, 19th Floor Block E, Tuen Mun Trend Plaza, Tuen Mun

NG YUK NGOR AND ANOTHER v. WONG TAK WAH & YU YUET NGOR and their successors in title in respect of Flat 4, 19th Floor Block E, Tuen Mun Trend Plaza, Tuen Mun

The Master erred in ordering the interlocutory costs to be 'in the cause'; the defendants successfully resisted the striking out application and there was no sufficient justification to make their entitlement to costs dependent on the ultimate merits at trial; costs should follow the event and the plaintiffs must pay the defendants’ costs of the striking out summons and of the appeal, to be taxed if not agreed with certificate for counsel.

Citation
[2021] HKDC 1147
Parties
1st Plaintiff (original); 1st Defendant (by Counterclaim): NG YUK NGOR; 2nd Plaintiff (original); 2nd Defendant (by Counterclaim): KWOK YING WAI; Defendant (original); 1st Plaintiff (by Counterclaim): WONG TAK WAH; Defendant (original); 2nd Plaintiff (by Counterclaim): YU YUK NGOR
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 September 2021
Case Number
DCCJ4992/2019
Procedural Posture
Civil Action (water Leakage Dispute) / Costs Only Appeal From Master’s Interlocutory Costs Order
Outcome
Appeal allowed; Costs Order of Master B Mak dated 17 August 2020 set aside.
Legal Topics
Costs, Striking Out, Interlocutory Applications, Pleadings, Negligence, Private Nuisance
Source Language
EN
Civil Procedure Tort Property Costs Striking Out Interlocutory Applications Pleadings Negligence +1 more

Case Brief

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Parties

NG YUK NGOR

1st Plaintiff (original); 1st Defendant (by Counterclaim)

KWOK YING WAI

2nd Plaintiff (original); 2nd Defendant (by Counterclaim)

WONG TAK WAH

Defendant (original); 1st Plaintiff (by Counterclaim)

YU YUK NGOR

Defendant (original); 2nd Plaintiff (by Counterclaim)

Procedural Posture

Civil Action (water Leakage Dispute) / Costs Only Appeal From Master’s Interlocutory Costs Order

Legal Issues

  1. 1 Whether Master erred in ordering interlocutory costs to be in the cause
  2. 2 Whether the defendants’ counterclaim disclosed a reasonable cause of action or was frivolous/vexatious
  3. 3 Whether the defendants’ pleading amounted to impermissible inconsistent alternatives

Ratio Decidendi

The Master erred in ordering the interlocutory costs to be 'in the cause'; the defendants successfully resisted the striking out application and there was no sufficient justification to make their entitlement to costs dependent on the ultimate merits at trial; costs should follow the event and the plaintiffs must pay the defendants’ costs of the striking out summons and of the appeal, to be taxed if not agreed with certificate for counsel.

Court Disposition

Appeal allowed; Costs Order of Master B Mak dated 17 August 2020 set aside.

Orders

  • The Plaintiffs to pay the Defendants’ costs of the Striking Out Summons to be taxed if not agreed with certificate for counsel.
  • Costs of the appeal nisi: costs of this appeal to be paid by the Plaintiffs to the Defendants, to be taxed if not agreed with certificate for counsel.