ZHENG LIE LIE AND OTHERS v. PROSPERFIELD VENTURES LTD AND ANOTHER

ZHENG LIE LIE AND OTHERS v. PROSPERFIELD VENTURES LTD AND ANOTHER

The judge concluded that the defendants' deliberate, prolonged non-disclosure and tactical embargo of the document constituted special and unusual conduct that justified awarding the plaintiffs their costs of the action to be taxed on an indemnity basis, while reserving party-party taxation for the costs of the immediate hearing due to reasonable conduct of oral argument.

Citation
ZHENG LIE LIE AND OTHERS v. PROSPERFIELD VENTURES LTD AND ANOTHER
Parties
1st Plaintiff: ZHENG LIE LIE; 2nd Plaintiff: DING PENG; 3rd Plaintiff: TRIPOLE TRADING LIMITED; 4th Plaintiff: CHINA PROJECTS LIMITED; 1st Defendant: PROSPERFIELD VENTURES LIMITED; 2nd Defendant: PANCO INDUSTRIAL HOLDINGS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2003
Case Number
HCA4572/2002
Procedural Posture
Civil Action Concerning Disclosure, Privilege and Injunction (satellite Proceeding to Main Actions) / Costs Application Following Trial and Interim Ruling
Outcome
Plaintiffs awarded costs of the action on an indemnity basis; costs of the immediate hearing awarded on a party-party basis.
Legal Topics
Indemnity Costs, Secondary Evidence, Legal Professional Privilege, Disclosure Obligations, Pre Litigation Conduct
Source Language
EN
Civil Procedure Costs Evidence Discovery Privilege Indemnity Costs Secondary Evidence Legal Professional Privilege +2 more

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Parties

ZHENG LIE LIE

1st Plaintiff

DING PENG

2nd Plaintiff

TRIPOLE TRADING LIMITED

3rd Plaintiff

CHINA PROJECTS LIMITED

4th Plaintiff

PROSPERFIELD VENTURES LIMITED

1st Defendant

PANCO INDUSTRIAL HOLDINGS LIMITED

2nd Defendant

Procedural Posture

Civil Action Concerning Disclosure, Privilege and Injunction (satellite Proceeding to Main Actions) / Costs Application Following Trial and Interim Ruling

Legal Issues

  1. 1 Whether the plaintiffs are entitled to costs on an indemnity basis
  2. 2 Whether the defendants' pre-litigation and litigation conduct (deliberate non-disclosure) justifies indemnity costs
  3. 3 Whether conduct prior to institution of proceedings may be considered in awarding costs

Ratio Decidendi

The judge concluded that the defendants' deliberate, prolonged non-disclosure and tactical embargo of the document constituted special and unusual conduct that justified awarding the plaintiffs their costs of the action to be taxed on an indemnity basis, while reserving party-party taxation for the costs of the immediate hearing due to reasonable conduct of oral argument.

Court Disposition

Plaintiffs awarded costs of the action on an indemnity basis; costs of the immediate hearing awarded on a party-party basis.

Orders

  • Plaintiffs entitled to costs of the action to be taxed on an indemnity basis.
  • Costs of the hearing on 2 May 2003 to be taxed on a party-party basis.