XU LIU CHUN v. WU CHANG JIANG AND ANOTHER

XU LIU CHUN v. WU CHANG JIANG AND ANOTHER

It was premature to decide the costs of the liability trial; given the absence of evidence on the company accounts, the unresolved question how much of the US$4.4 million belonged to the company and the real possibility that the outcome of the quantum trial will affect entitlement to costs, the application to vary the costs order nisi and to tax costs forthwith is dismissed and the costs order nisi is made absolute.

Citation
[2019] HKCFI 2179
Parties
Petitioner: Xu Liu Chun; 1st Respondent: Wu Chang Jiang; Company (subject): Jiang Yuan International Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 June 2019
Case Number
HCMP3166/2014
Procedural Posture
Company Petition Under S724 Companies Ordinance / Post‑judgment Costs Application Following Reserved Costs Order and Dismissal of Appeals
Outcome
Application dismissed; costs order nisi made absolute
Legal Topics
Costs of Litigation, Costs Nisi Vs Taxation, Timing of Costs Determination, Section 724 Companies Ordinance
Source Language
EN
Company Law Civil Procedure Costs Law Costs of Litigation Costs Nisi Vs Taxation Timing of Costs Determination Section 724 Companies Ordinance

Case Brief

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Parties

Xu Liu Chun

Petitioner

Wu Chang Jiang

1st Respondent

Jiang Yuan International Development Limited

Company (subject)

Procedural Posture

Company Petition Under S724 Companies Ordinance / Post‑judgment Costs Application Following Reserved Costs Order and Dismissal of Appeals

Legal Issues

  1. 1 Whether the court should decide the costs of the liability trial forthwith
  2. 2 Whether the costs order nisi should be varied to order the 1st Respondent to pay costs on liability to be taxed forthwith
  3. 3 Whether the outcome of the quantum trial may affect entitlement to the costs of the liability trial

Ratio Decidendi

It was premature to decide the costs of the liability trial; given the absence of evidence on the company accounts, the unresolved question how much of the US$4.4 million belonged to the company and the real possibility that the outcome of the quantum trial will affect entitlement to costs, the application to vary the costs order nisi and to tax costs forthwith is dismissed and the costs order nisi is made absolute.

Court Disposition

Application dismissed; costs order nisi made absolute

Orders

  • Application dismissed
  • Costs order nisi made absolute