EISEKI INTERNATIONAL CO., LTD v. TAO-TI INTERNATIONAL CO., LTD

EISEKI INTERNATIONAL CO., LTD v. TAO-TI INTERNATIONAL CO., LTD

The court fixed the gross costs for the two actions at HK$1,200,000 and apportioned 35% (HK$420,000) as the liability of former solicitors S.H. Chan & Co.; the HK$1,000,000 held in court as security for costs is to be paid out immediately to the defendants; any further determination of outstanding liability or net payments is reserved for further application.

Citation
EISEKI INTERNATIONAL CO., LTD v. TAO-TI INTERNATIONAL CO., LTD
Parties
Applicant in Hcmp3825/2003 and 2nd Plaintiff in Hca3656/2003: Eiseki International Co. Ltd; 1st Plaintiff in Hca3656/2003: Rosa Foods Co. Ltd; Respondents in Hcmp3825/2003 and 1st and 2nd Defendants in Hca3656/2003: Respondents/Defendants; Former Solicitors for Eiseki International Co. Ltd: S.H. Chan & Co.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2006
Case Number
HCMP3825/2003
Procedural Posture
Application for Declaration of Invalidity of Trade Mark Registrations; Costs Assessment / Gross Sum Assessment Hearing; Post Judgment Costs Determination
Outcome
Gross costs fixed at HK$1,200,000; apportionment fixed at 35% to former solicitors S.H. Chan & Co.; security paid into court in the sum of HK$1,000,000 ordered to be paid out to defendants immediately; further liability reserved.
Legal Topics
Declaration of Invalidity, Costs Assessment, Apportionment of Costs, Security for Costs
Source Language
EN
Trade Mark Law Civil Procedure Costs Declaration of Invalidity Costs Assessment Apportionment of Costs Security for Costs

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Parties

Eiseki International Co. Ltd

Applicant in Hcmp3825/2003 and 2nd Plaintiff in Hca3656/2003

Rosa Foods Co. Ltd

1st Plaintiff in Hca3656/2003

Respondents/Defendants

Respondents in Hcmp3825/2003 and 1st and 2nd Defendants in Hca3656/2003

S.H. Chan & Co.

Former Solicitors for Eiseki International Co. Ltd

Procedural Posture

Application for Declaration of Invalidity of Trade Mark Registrations; Costs Assessment / Gross Sum Assessment Hearing; Post Judgment Costs Determination

Legal Issues

  1. 1 Quantum of costs payable for two actions
  2. 2 Apportionment of costs between periods before and after 30 September 2004
  3. 3 Liability of former solicitors for costs and payment out of security in court

Ratio Decidendi

The court fixed the gross costs for the two actions at HK$1,200,000 and apportioned 35% (HK$420,000) as the liability of former solicitors S.H. Chan & Co.; the HK$1,000,000 held in court as security for costs is to be paid out immediately to the defendants; any further determination of outstanding liability or net payments is reserved for further application.

Court Disposition

Gross costs fixed at HK$1,200,000; apportionment fixed at 35% to former solicitors S.H. Chan & Co.; security paid into court in the sum of HK$1,000,000 ordered to be paid out to defendants immediately; further liability reserved.

Orders

  • Gross costs assessed at HK$1,200,000.
  • S.H. Chan & Co. liable for 35% of gross costs amounting to HK$420,000.