TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP CO LTD AND ANOTHER v. TOP ONE PROPERTY GROUP LTD AND OTHERS

TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP CO LTD AND ANOTHER v. TOP ONE PROPERTY GROUP LTD AND OTHERS

The continuation of the interlocutory orders was supported by ample evidence while the defendants produced no material to justify their applications for discharge; therefore costs should follow the event: the successful parties receive costs in the cause for the interlocutory orders and the defendants must pay the 1st plaintiff's costs of the continuation and discharge applications forthwith, to be taxed if not agreed; a certificate for two counsel is granted where applicable.

Citation
TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP CO LTD AND ANOTHER v. TOP ONE PROPERTY GROUP LTD AND OTHERS
Parties
1st Plaintiff: TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP COMPANY LIMITED; 2nd Plaintiff: THE BANK OF NEW YORK MELLON; 1st Defendant: TOP ONE PROPERTY GROUP LIMITED; 2nd Defendant: PO FOR YAU; 3rd Defendant: SUN JIANGRONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2009
Case Number
HCA1244/2009
Procedural Posture
Civil Interlocutory Applications (injunctions/receivership/discovery) / Decision on Costs Following Interlocutory Hearing
Outcome
Plaintiffs' costs orders granted as described; defendants' applications for discharge dismissed; costs ordered against defendants for specific applications.
Legal Topics
Costs Orders, Continuation of Interlocutory Orders, Application for Discharge of Orders, Certificate for Two Counsel
Source Language
EN
Civil Procedure Costs Injunctions Receivership Discovery Costs Orders Continuation of Interlocutory Orders Application for Discharge of Orders +1 more

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Parties

TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP COMPANY LIMITED

1st Plaintiff

THE BANK OF NEW YORK MELLON

2nd Plaintiff

TOP ONE PROPERTY GROUP LIMITED

1st Defendant

PO FOR YAU

2nd Defendant

SUN JIANGRONG

3rd Defendant

Procedural Posture

Civil Interlocutory Applications (injunctions/receivership/discovery) / Decision on Costs Following Interlocutory Hearing

Legal Issues

  1. 1 Whether the plaintiffs are entitled to costs as costs in the cause for interlocutory orders
  2. 2 Whether defendants had any evidential basis to apply for discharge and therefore whether costs should follow the event
  3. 3 Whether a certificate for two counsel should be granted for the costs orders

Ratio Decidendi

The continuation of the interlocutory orders was supported by ample evidence while the defendants produced no material to justify their applications for discharge; therefore costs should follow the event: the successful parties receive costs in the cause for the interlocutory orders and the defendants must pay the 1st plaintiff's costs of the continuation and discharge applications forthwith, to be taxed if not agreed; a certificate for two counsel is granted where applicable.

Court Disposition

Plaintiffs' costs orders granted as described; defendants' applications for discharge dismissed; costs ordered against defendants for specific applications.

Orders

  • Costs of the 1st and 2nd Orders and the 1st plaintiff's application for further discovery to be the 1st plaintiff's costs in the cause
  • Costs of the 2nd plaintiff's application to be the 2nd plaintiff's costs in the cause