THE NEW CHINA HONG KONG GROUP LTD (IN LIQUIDATION) AND ANOTHER v. VICTOR LAP LIK CHU AND ANOTHER

THE NEW CHINA HONG KONG GROUP LTD (IN LIQUIDATION) AND ANOTHER v. VICTOR LAP LIK CHU AND ANOTHER

The Master's paragraph 2(b) fixing the 2nd plaintiff for all costs from 12 April 2010 was unreasonable and is to be substituted as per the notice of appeal; the security for costs provided by both plaintiffs remains available to satisfy defendants' costs and that part of the Master's order is not disturbed; paragraph 4 is set aside and replaced so that the 1st plaintiff must pay the 2nd plaintiff and the defendants the costs of and occasioned by the application; the costs of the leave to amend (minor amendment) remain to be borne by the 2nd plaintiff. The appeal is allowed in part.

Citation
THE NEW CHINA HONG KONG GROUP LTD (IN LIQUIDATION) AND ANOTHER v. VICTOR LAP LIK CHU AND ANOTHER
Parties
1st Plaintiff: THE NEW CHINA HONG KONG GROUP LIMITED (IN LIQUIDATION); 2nd Plaintiff: EVERCHEER HOLDINGS LIMITED; Defendants: VICTOR LAP LIK CHU and MOK WAI KUN BARBARA trading as VICTOR CHU & CO.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 April 2011
Case Number
HCA1095/2005
Procedural Posture
Civil Appeal Against Costs Order / Judgment on Appeal From Master's Costs Order
Outcome
Appeal allowed in part; Master's orders varied as to costs in specified paragraphs; parties to be heard as to costs
Legal Topics
Costs Orders, Security for Costs, Amendment of Writ, Taxation of Costs, Conduct and Costs
Source Language
EN
Civil Procedure Costs Pleadings Costs Orders Security for Costs Amendment of Writ Taxation of Costs Conduct and Costs

Case Brief

Summary, issues, holding and outcome

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Parties

THE NEW CHINA HONG KONG GROUP LIMITED (IN LIQUIDATION)

1st Plaintiff

EVERCHEER HOLDINGS LIMITED

2nd Plaintiff

VICTOR LAP LIK CHU and MOK WAI KUN BARBARA trading as VICTOR CHU & CO.

Defendants

Procedural Posture

Civil Appeal Against Costs Order / Judgment on Appeal From Master's Costs Order

Legal Issues

  1. 1 Whether the Master's costs order (paragraph 2(b)) was unreasonable and should be varied
  2. 2 Whether security for costs provided by both plaintiffs is available to satisfy defendants' costs
  3. 3 Which plaintiff should bear costs of the application and costs of amendment of pleadings

Ratio Decidendi

The Master's paragraph 2(b) fixing the 2nd plaintiff for all costs from 12 April 2010 was unreasonable and is to be substituted as per the notice of appeal; the security for costs provided by both plaintiffs remains available to satisfy defendants' costs and that part of the Master's order is not disturbed; paragraph 4 is set aside and replaced so that the 1st plaintiff must pay the 2nd plaintiff and the defendants the costs of and occasioned by the application; the costs of the leave to amend (minor amendment) remain to be borne by the 2nd plaintiff. The appeal is allowed in part.

Court Disposition

Appeal allowed in part; Master's orders varied as to costs in specified paragraphs; parties to be heard as to costs

Orders

  • Paragraph 2(b) of the Master's order substituted as set out in the notice of appeal
  • Paragraph 3 of the Master's order (security for costs provided by both plaintiffs available to satisfy defendants' costs) is not disturbed