CHAU HUNG WAN v. YICK HING CONSTRUCTION CO LTD AND OTHERS

CHAU HUNG WAN v. YICK HING CONSTRUCTION CO LTD AND OTHERS

The Master did not err: defendants were the unsuccessful parties as the security summons was withdrawn; their application was not reasonably put in order because contemporaneous evidence (writ address, Hong Kong ID) made their case tenuous and their property ownership search produced an incorrect result which they relied upon; plaintiff's conduct was not so unreasonable as to justify depriving her of costs or ordering her to pay defendants' costs; accordingly the Costs Order in favor of the plaintiff stands and the appeal is dismissed.

Citation
[2021] HKCFI 2565
Parties
Plaintiff (by Original Action): Chau Hung Wan; 1st Defendant (by Original Action): Yick Hing Construction Company Limited; 2nd Defendant (by Original Action): Yuen Chung Yuen Edward; 3rd Defendant (by Original Action); Plaintiff (by Counterclaim): Guan Yan Zhigang; 4th Defendant (by Original Action): IP & FU Investment Co. Limited; 2nd Defendant (by Counterclaim): Liao Jin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2021
Case Number
HCA1597/2019
Procedural Posture
Appeal Against Master's Costs Order Arising From Interlocutory Security for Costs Application / Decision on Appeal (dismissed)
Outcome
Appeal dismissed
Legal Topics
Disclosure of Assets, Ordinary Residence, Property Searches, Court Discretion in Costs, Post CJR Underlying Objectives
Source Language
EN
Civil Procedure Costs Appeals Security for Costs Disclosure of Assets Ordinary Residence Property Searches Court Discretion in Costs +1 more

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Parties

Chau Hung Wan

Plaintiff (by Original Action)

Yick Hing Construction Company Limited

1st Defendant (by Original Action)

Yuen Chung Yuen Edward

2nd Defendant (by Original Action)

Guan Yan Zhigang

3rd Defendant (by Original Action); Plaintiff (by Counterclaim)

IP & FU Investment Co. Limited

4th Defendant (by Original Action)

Liao Jin

2nd Defendant (by Counterclaim)

Procedural Posture

Appeal Against Master's Costs Order Arising From Interlocutory Security for Costs Application / Decision on Appeal (dismissed)

Legal Issues

  1. 1 Whether the Master erred in ordering the defendants to pay the plaintiff's costs following withdrawal of the security for costs summons
  2. 2 Whether the plaintiff had a positive duty to disclose Hong Kong assets and correct any impression as to residence before the affirmation stage
  3. 3 Whether defendants acted reasonably in bringing the security for costs application given available evidence and their property search

Ratio Decidendi

The Master did not err: defendants were the unsuccessful parties as the security summons was withdrawn; their application was not reasonably put in order because contemporaneous evidence (writ address, Hong Kong ID) made their case tenuous and their property ownership search produced an incorrect result which they relied upon; plaintiff's conduct was not so unreasonable as to justify depriving her of costs or ordering her to pay defendants' costs; accordingly the Costs Order in favor of the plaintiff stands and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs order nisi: defendants shall bear the costs of and occasioned by the appeal, to be summarily assessed, with certificate for counsel