NEW ART HOLDINGS CO., LTD. AND OTHERS v. T&T ART CO., LTD (Formerly known as EST-OUEST AUCTIONS CO., LTD AND OTHERS

NEW ART HOLDINGS CO., LTD. AND OTHERS v. T&T ART CO., LTD (Formerly known as EST-OUEST AUCTIONS CO., LTD AND OTHERS

The court refused to vary the costs orders nisi. It held the Defendants' delay in confirming their stance on the stay application was reasonable given receipt timing and public holidays; the JPY 36,488,200 formed part of the Japanese proceedings so duplication justified the stay application; the Defendants lost only on a discrete construction point and should bear 20% of costs on that issue; accordingly the earlier costs orders were made absolute with the apportionments set out (Plaintiffs to pay Defendants costs of Order 14 Summons; on Defendants' Summonses Defendants liable for 20% and Plaintiffs 80% resulting in a net payment by Plaintiffs of 60% after set off; Plaintiffs to pay 75% of...

Citation
[2025] HKCFI 2646
Parties
1st Plaintiff: New Art Holdings Co., Ltd.; 2nd Plaintiff: New Art Est-Ouest Auctions Company Limited; 3rd Plaintiff: Hong Kong New Art Limited; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant: 4th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 June 2025
Case Number
HCA325/2024
Procedural Posture
Civil Action Costs Variation Application (post Decision) / Judgment on Application to Vary Costs Orders Nisi
Legal Topics
Costs Order, Interim Stay, Duplication of Proceedings, Without Prejudice Offer, Apportionment of Costs, Tomlin Order, Locus Standi, Fiduciary Duty, Constructive Trust
Source Language
EN
Civil Procedure Costs Injunctions Stay of Proceedings Intellectual Property (passing Off) International Litigation Costs Order Interim Stay +7 more

Case Brief

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Parties

New Art Holdings Co., Ltd.

1st Plaintiff

New Art Est-Ouest Auctions Company Limited

2nd Plaintiff

Hong Kong New Art Limited

3rd Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant

4th Defendant

Procedural Posture

Civil Action Costs Variation Application (post Decision) / Judgment on Application to Vary Costs Orders Nisi

Legal Issues

  1. 1 Whether the costs orders nisi made on 7 May 2025 should be varied to no order as to costs
  2. 2 Whether the Defendants unreasonably delayed in informing Plaintiffs they would not pursue the stay application
  3. 3 Apportionment of costs for time spent on the issue of whether the Interim Stay should have been uplifted first

Ratio Decidendi

The court refused to vary the costs orders nisi. It held the Defendants' delay in confirming their stance on the stay application was reasonable given receipt timing and public holidays; the JPY 36,488,200 formed part of the Japanese proceedings so duplication justified the stay application; the Defendants lost only on a discrete construction point and should bear 20% of costs on that issue; accordingly the earlier costs orders were made absolute with the apportionments set out (Plaintiffs to pay Defendants costs of Order 14 Summons; on Defendants' Summonses Defendants liable for 20% and Plaintiffs 80% resulting in a net payment by Plaintiffs of 60% after set off; Plaintiffs to pay 75% of...