CITYTON DEVELOPMENT INC. AND ANOTHER v. KUM KWOK WANG AND ANOTHER

CITYTON DEVELOPMENT INC. AND ANOTHER v. KUM KWOK WANG AND ANOTHER

The court varied the costs order nisi by excluding any order for costs in respect of preparation of specified paragraphs of affidavits/witness statements relating to the confidentiality issue, and otherwise ordered that the 1st Defendant pay the costs of the action to the Plaintiffs to be taxed with a certificate for Counsel; for the present application the court ordered costs in the cause with a certificate for Counsel, to be made absolute in 14 days.

Citation
CITYTON DEVELOPMENT INC. AND ANOTHER v. KUM KWOK WANG AND ANOTHER
Parties
1st Plaintiff: Cityton Development Inc.; 2nd Plaintiff: Goldway Enterprises Inc.; 1st Defendant: Kum Kwok Wang; 2nd Defendant: Wang Ellie
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 April 2006
Case Number
DCCJ6435/2004
Procedural Posture
Civil Action (breach of Fiduciary Duties) / Application to Vary Costs Order Nisi; Decision on Costs (decision Handed Down)
Outcome
Costs order nisi varied; specified confidentiality-related preparation excluded from costs order; otherwise 1st Defendant to pay plaintiffs' costs; present application costs in the cause with certificate for Counsel to be made absolute in 14 days.
Legal Topics
Costs Order, Interlocutory Injunction, Breach of Fiduciary Duty, Confidential Information, Apportionment of Costs, Costs in the Cause
Source Language
EN
Civil Procedure Employment and Fiduciary Duties Injunctions Costs Costs Order Interlocutory Injunction Breach of Fiduciary Duty Confidential Information +2 more

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Parties

Cityton Development Inc.

1st Plaintiff

Goldway Enterprises Inc.

2nd Plaintiff

Kum Kwok Wang

1st Defendant

Wang Ellie

2nd Defendant

Procedural Posture

Civil Action (breach of Fiduciary Duties) / Application to Vary Costs Order Nisi; Decision on Costs (decision Handed Down)

Legal Issues

  1. 1 Whether the costs order nisi dated 30.12.2005 should be varied
  2. 2 Whether costs should follow the event because interlocutory injunction was dismissed
  3. 3 Whether costs of preparation relating to the confidentiality issue should be disallowed or apportioned

Ratio Decidendi

The court varied the costs order nisi by excluding any order for costs in respect of preparation of specified paragraphs of affidavits/witness statements relating to the confidentiality issue, and otherwise ordered that the 1st Defendant pay the costs of the action to the Plaintiffs to be taxed with a certificate for Counsel; for the present application the court ordered costs in the cause with a certificate for Counsel, to be made absolute in 14 days.

Court Disposition

Costs order nisi varied; specified confidentiality-related preparation excluded from costs order; otherwise 1st Defendant to pay plaintiffs' costs; present application costs in the cause with certificate for Counsel to be made absolute in 14 days.

Orders

  • For the present application, order nisi that there be costs in the cause with certificate for Counsel, to be made absolute in 14 days