陳祺豐 對 竹林明堂有限公司

陳祺豐 對 竹林明堂有限公司

The applicant obtained the practical relief sought when the respondent withdrew the interrogatory after the hearing; therefore the respondent must pay the applicant's costs of both summonses on the ordinary party‑and‑party scale; there is no special reason to order indemnity costs or to increase the assessment basis; the costs are caused by the respondent's initiation and failure to amend or withdraw earlier.

Citation
[2020] HKCFI 509
Parties
Plaintiff (hca 2782/2015); Defendant (hca 142/2016): Chuk Lam Ming Tong Limited (竹林明堂有限公司); Defendant (hca 2782/2015); Plaintiff (hca 142/2016): Chan Kei Fung Eric (陳祺豐)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2020
Case Number
HCA142/2016
Procedural Posture
Civil Jurisdiction / Costs Determination (judgment on Costs)
Outcome
Costs awarded to Chuk Lam Ming Tong Limited against Chan Kei Fung Eric
Legal Topics
Interrogatories, Withdrawal of Proceedings, Costs Follow the Event, Assessment on Party and Party Basis, Rules of the High Court Order 26(1)
Source Language
CH
Civil Procedure Costs Interrogatories Withdrawal of Proceedings Costs Follow the Event Assessment on Party and Party Basis Rules of the High Court Order 26(1)

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Parties

Chuk Lam Ming Tong Limited (竹林明堂有限公司)

Plaintiff (hca 2782/2015); Defendant (hca 142/2016)

Chan Kei Fung Eric (陳祺豐)

Defendant (hca 2782/2015); Plaintiff (hca 142/2016)

Procedural Posture

Civil Jurisdiction / Costs Determination (judgment on Costs)

Legal Issues

  1. 1 Whether the respondent must pay the applicant's costs for issuing two summonses seeking withdrawal of an interrogatory document
  2. 2 Appropriate basis for assessment of costs (party-and-party v indemnity)
  3. 3 Whether there is any reason to increase costs beyond ordinary scales

Ratio Decidendi

The applicant obtained the practical relief sought when the respondent withdrew the interrogatory after the hearing; therefore the respondent must pay the applicant's costs of both summonses on the ordinary party‑and‑party scale; there is no special reason to order indemnity costs or to increase the assessment basis; the costs are caused by the respondent's initiation and failure to amend or withdraw earlier.

Court Disposition

Costs awarded to Chuk Lam Ming Tong Limited against Chan Kei Fung Eric

Orders

  • Chan Kei Fung Eric to pay Chuk Lam Ming Tong Limited the costs of the first and second summonses on a party‑and‑party basis
  • Costs assessed summarily at HK$60,000