WIDE WAY DEVELOPMENT LTD v. TUNG HING PRINTING AND DYEING FACTORY

WIDE WAY DEVELOPMENT LTD v. TUNG HING PRINTING AND DYEING FACTORY

Bailiff (watchman) expenses are to be borne by the execution creditor who initiated the execution; where parties settle an issue and neither succeeds wholly, the court will not make a general order as to costs but will apportion costs based on the result of the compromise, and in this case ordered specific apportionment with certificates for counsel.

Citation
WIDE WAY DEVELOPMENT LTD v. TUNG HING PRINTING AND DYEING FACTORY
Parties
Plaintiff / Third‑party Claimant: Wide Way Development Limited; Defendant / Execution Creditor: Tung Hing Printing & Dyeing Factory
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 September 1985
Case Number
DCCJ9255/1985
Procedural Posture
Interpleader Summons (execution) / Costs Hearing After Settlement of Issue at Trial
Outcome
Costs apportioned; bailiff's expenses to be borne by the execution creditor; taxation and certificates for counsel ordered according to apportioned percentages.
Legal Topics
Costs Allocation, Bailiff/watchman Expenses, Settlement and Apportionment, Issue Not Determined Due to Settlement
Source Language
EN
Civil Procedure Execution of Judgments Interpleader Costs Costs Allocation Bailiff/watchman Expenses Settlement and Apportionment Issue Not Determined Due to Settlement

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Parties

Wide Way Development Limited

Plaintiff / Third‑party Claimant

Tung Hing Printing & Dyeing Factory

Defendant / Execution Creditor

Procedural Posture

Interpleader Summons (execution) / Costs Hearing After Settlement of Issue at Trial

Legal Issues

  1. 1 Whether bailiff's (watchman) expenses should be borne by the claimant or the execution creditor
  2. 2 Whether a court should make any order as to costs where the issue between parties was not determined because of a settlement
  3. 3 Whether costs should be apportioned where neither party succeeds wholly and how apportionment should be calculated

Ratio Decidendi

Bailiff (watchman) expenses are to be borne by the execution creditor who initiated the execution; where parties settle an issue and neither succeeds wholly, the court will not make a general order as to costs but will apportion costs based on the result of the compromise, and in this case ordered specific apportionment with certificates for counsel.

Court Disposition

Costs apportioned; bailiff's expenses to be borne by the execution creditor; taxation and certificates for counsel ordered according to apportioned percentages.

Orders

  • Bailiff's (watchman) expenses to be borne by the execution creditor (Tung Hing Printing & Dyeing Factory).
  • Upon taxation, the plaintiff (Wide Way Development Limited) is to pay 30% of the defendant's costs allowed on taxation, less the bailiff's expenses.