YAU SHIK YIN v. MAN SHING ELECTRICAL MANUFACTORY LTD AND OTHERS

YAU SHIK YIN v. MAN SHING ELECTRICAL MANUFACTORY LTD AND OTHERS

Although the Respondents were wholly successful and prima facie entitled to costs, the Court will reduce that entitlement to reflect the Respondents' unreasonable and petulant conduct which materially contributed to a needless hearing; the Petitioner bore some, lesser, responsibility.

Source-derived case information.

Citation
YAU SHIK YIN v. MAN SHING ELECTRICAL MANUFACTORY LTD AND OTHERS
Parties
Petitioner: Petitioner; Respondents: Respondents; Party: Mok So Man Yee Jeannie
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2015
Case Number
HCCW420/2012
Procedural Posture
Petitions (stay) and Costs / Decision on Costs Following Stay of Petitions (judgment Reserved)
Outcome
Costs awarded to Respondents but to be reduced to reflect their unreasonable and petulant conduct that contributed to a needless hearing
Legal Topics
Costs Entitlement, Reduction of Costs for Misconduct, Settlement, Stay of Proceedings
Source Language
en
Civil Procedure Costs Costs Entitlement Reduction of Costs for Misconduct Settlement Stay of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Petitioner

Petitioner

Respondents

Respondents

Mok So Man Yee Jeannie

Party

Procedural Posture

Petitions (stay) and Costs / Decision on Costs Following Stay of Petitions (judgment Reserved)

Legal Issues

  1. 1 Whether Respondents, although wholly successful, should have their costs reduced because of unreasonable and petulant conduct
  2. 2 Whether the matter should have been resolved by agreement and parties' conduct that materially contributed to a needless hearing
  3. 3 Allocation of blame between Petitioner and Respondents for unnecessary litigation

Ratio Decidendi

Although the Respondents were wholly successful and prima facie entitled to costs, the Court will reduce that entitlement to reflect the Respondents' unreasonable and petulant conduct which materially contributed to a needless hearing; the Petitioner bore some, lesser, responsibility.

Court Disposition

Costs awarded to Respondents but to be reduced to reflect their unreasonable and petulant conduct that contributed to a needless hearing

Orders

  • Respondents awarded costs to be assessed on a reduced basis to reflect their conduct