CHINA NPL HOLDINGS PTE LTD v. MO HAIDAN AND OTHERS

CHINA NPL HOLDINGS PTE LTD v. MO HAIDAN AND OTHERS

The court refused to vary the earlier costs order because, on the facts and the parties' positions, it was just and fair that costs follow the event; the 1st Defendant's stance that PRC judgments were not final and conclusive and that Retrial Orders were available was a legitimate basis for the court's original...

Source-derived case information.

Citation
[2020] HKCFI 1642
Parties
1st Defendant: D1; 3rd Defendant (discontinued): GS Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2020
Case Number
HCA513/2019
Procedural Posture
Civil Costs Application / Decision on Costs (post Hearing)
Outcome
Plaintiff's application to vary the costs order dismissed
Legal Topics
Mareva Injunction, Retrial Orders (prc), Res Judicata, Allocation of Costs, Dissipation of Assets
Source Language
en
Civil Procedure Costs Injunctions (mareva) Foreign Judgments and Recognition Res Judicata Mareva Injunction Retrial Orders (prc) Allocation of Costs +1 more

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Summary, issues, holding and outcome

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Parties

D1

1st Defendant

GS Limited

3rd Defendant (discontinued)

Procedural Posture

Civil Costs Application / Decision on Costs (post Hearing)

Legal Issues

  1. 1 Whether the costs order dated 3 June 2020 should be varied
  2. 2 Whether the plaintiff was entitled to costs for the ex parte Mareva application and discharge summons up to the date of the PRC Retrial Orders
  3. 3 Whether the 1st Defendant had a reasonably arguable defence based on the non-finality of PRC judgments and entitlement to Retrial Orders

Ratio Decidendi

The court refused to vary the earlier costs order because, on the facts and the parties' positions, it was just and fair that costs follow the event; the 1st Defendant's stance that PRC judgments were not final and conclusive and that Retrial Orders were available was a legitimate basis for the court's original allocation of costs, and the application to recover costs up to the date of the Retrial Orders was therefore dismissed.

Court Disposition

Plaintiff's application to vary the costs order dismissed

Orders

  • Plaintiff to pay 1st Defendant's costs of this application to be taxed if not agreed