RE CHUI TAK KEUNG DUNCAN

RE CHUI TAK KEUNG DUNCAN

The application to vary the costs order nisi was dismissed because the without prejudice proposal would have left provision of unredacted documents subject to the Debtor's approval and would not have put the Creditor in a better position; the Creditor legitimately incurred substantial costs to obtain discovery and subsequent voluntary disclosure justified the costs order; the costs order nisi therefore was not disproportionate and remains in force, with costs of the application summarily assessed at HKD 20,000.

Citation
[2022] HKCFI 3018
Parties
Creditor: Zhongcai Finance Limited; Debtor: Chui Tak Keung Duncan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2022
Case Number
HCBI2/2021
Procedural Posture
Bankruptcy Proceedings Interim Discovery/costs Application / Application to Vary Costs Order Nisi; Interlocutory Decision
Outcome
Application dismissed; costs order nisi maintained
Legal Topics
Costs Orders, Discovery Summons, Without Prejudice Correspondence, Certificate for Counsel, Interlocutory Relief
Source Language
EN
Bankruptcy Civil Procedure Costs Discovery Costs Orders Discovery Summons Without Prejudice Correspondence Certificate for Counsel +1 more

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Parties

Zhongcai Finance Limited

Creditor

Chui Tak Keung Duncan

Debtor

Procedural Posture

Bankruptcy Proceedings Interim Discovery/costs Application / Application to Vary Costs Order Nisi; Interlocutory Decision

Legal Issues

  1. 1 Whether to vary the costs order nisi made in respect of the Discovery Summons
  2. 2 Whether without prejudice correspondence obliged the creditor to accept a proposal and so reduce costs liability
  3. 3 Whether the costs ordered were disproportionate to the limited discovery granted

Ratio Decidendi

The application to vary the costs order nisi was dismissed because the without prejudice proposal would have left provision of unredacted documents subject to the Debtor's approval and would not have put the Creditor in a better position; the Creditor legitimately incurred substantial costs to obtain discovery and subsequent voluntary disclosure justified the costs order; the costs order nisi therefore was not disproportionate and remains in force, with costs of the application summarily assessed at HKD 20,000.

Court Disposition

Application dismissed; costs order nisi maintained

Orders

  • Application to vary costs order nisi dismissed
  • Order nisi that the Debtor pay the costs of the application summarily assessed at HKD 20000