CHOW STEEL INDUSTRIES PUBLIC CO LTD AND OTHERS v. KO SUNG AND OTHERS

CHOW STEEL INDUSTRIES PUBLIC CO LTD AND OTHERS v. KO SUNG AND OTHERS

The judge held that s21M interim applications are themselves the cause and the Thai Action is not the appropriate "cause" for linking costs; having applied the Compania Test and found for the Plaintiffs on the Continuation and Discharge Summonses, it would be unfair and a waste of resources to force Plaintiffs to pursue the Originating Summons to obtain costs. Accordingly the court exercised its discretion to order costs forthwith to the Plaintiffs and granted a certificate for two counsel.

Citation
[2020] HKCFI 1639
Parties
1st Plaintiff: CHOW STEEL INDUSTRIES PUBLIC COMPANY LIMITED; 2nd Plaintiff: CHOW ENERGY PUBLIC COMPANY LIMITED; 3rd Plaintiff: PREMIER SOLUTION COMPANY LIMITED; 1st Defendant: KO SUNG; 2nd Defendant: WONG SHUN CHEUNG; 3rd Defendant: PREMIER SOLUTIONS CONSULTANCY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 July 2020
Case Number
HCMP2711/2017
Procedural Posture
Interim Injunction (s21 M High Court Ordinance) / Costs Decision After Continuation and Discharge Summons
Outcome
Costs order varied in favour of Plaintiffs; certificate for two counsel granted; 2nd Defendant's application to vary refused; no order as to costs for variation applications.
Legal Topics
Interim Injunction, Section 21 M High Court Ordinance, Costs, Certificate for Two Counsel, Continuation Summons, Discharge Summons
Source Language
EN
Civil Procedure Equity International/foreign Proceedings Interim Injunction Section 21 M High Court Ordinance Costs Certificate for Two Counsel Continuation Summons +1 more

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Parties

CHOW STEEL INDUSTRIES PUBLIC COMPANY LIMITED

1st Plaintiff

CHOW ENERGY PUBLIC COMPANY LIMITED

2nd Plaintiff

PREMIER SOLUTION COMPANY LIMITED

3rd Plaintiff

KO SUNG

1st Defendant

WONG SHUN CHEUNG

2nd Defendant

PREMIER SOLUTIONS CONSULTANCY LIMITED

3rd Defendant

Procedural Posture

Interim Injunction (s21 M High Court Ordinance) / Costs Decision After Continuation and Discharge Summons

Legal Issues

  1. 1 Whether the Thai Action constitutes the "cause" for costs purposes
  2. 2 Whether costs of the Continuation and Discharge Summonses should be costs in the cause or ordered forthwith
  3. 3 Whether certificate for two counsel should be granted

Ratio Decidendi

The judge held that s21M interim applications are themselves the cause and the Thai Action is not the appropriate "cause" for linking costs; having applied the Compania Test and found for the Plaintiffs on the Continuation and Discharge Summonses, it would be unfair and a waste of resources to force Plaintiffs to pursue the Originating Summons to obtain costs. Accordingly the court exercised its discretion to order costs forthwith to the Plaintiffs and granted a certificate for two counsel.

Court Disposition

Costs order varied in favour of Plaintiffs; certificate for two counsel granted; 2nd Defendant's application to vary refused; no order as to costs for variation applications.

Orders

  • Costs of and occasioned by the Continuation Summons and the Discharge Summons to the Plaintiffs, to be taxed if not agreed, to be paid forthwith
  • Certificate granted for two counsel for the Plaintiffs