CANADIAN INTERNATIONAL EDUCATION ORG CO LTD AND ANOTHER v. KAREN TERESA FERRIS COLE AND OTHERS

CANADIAN INTERNATIONAL EDUCATION ORG CO LTD AND ANOTHER v. KAREN TERESA FERRIS COLE AND OTHERS

Recorder held reserving costs on dismissal of the O.14 application was within judicial discretion given the imminence of trial, potential reuse of materials, and taxation difficulties; the proposed appeal had no reasonable prospects and would waste judicial resources; leave to appeal refused and the discrete application was dismissed with costs ordered.

Citation
[2022] HKCFI 2725
Parties
1st Plaintiff (original Action): CANADIAN INTERNATIONAL EDUCATION ORG CO., LIMITED; 2nd Plaintiff (original Action); 1st Defendant (counterclaim): 广州市加优教育信息咨询有限公司; 1st Defendant (original Action); 3rd Plaintiff (counterclaim): KAREN TERESA FERRIS COLE; 2nd Defendant (original Action); 1st Plaintiff (counterclaim): SUNSHINE HOUSE INTERNATIONAL PRE-SCHOOL (CLEARWATER BAY) LIMITED; 3rd Defendant (original Action); 2nd Plaintiff (counterclaim): SUNSHINE HOUSE INTERNATIONAL PRE-SCHOOL (DB) LIMITED; 4th Defendant (original Action); 4th Plaintiff (counterclaim): SUNSHINE HOUSE KINDERGARTEN LIMITED; 1st Defendant (counterclaim): CANADIAN INTERNATIONAL EDUCATIONAL ORG CO., LIMITED; 2nd Defendant (counterclaim): SUNSHINE HOUSE INTERNATIONAL PRE-SCHOOL (TUNG CHUNG) LIMITED; 4th Defendant (counterclaim): CHEN XIUQUN; 5th Defendant (counterclaim): HOWARD NORMAN SYBE STRIBBELL; 6th Defendant (counterclaim): CHEE MING LAI; 7th Defendant (counterclaim): TSE YEE MEI TINA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 September 2022
Case Number
HCA1683/2020
Procedural Posture
Order 14 Summary Judgment Application and Interlocutory Leave to Appeal Application (costs) / Interlocutory (application for Leave to Appeal Against Reservation of Costs); Trial Fixed for End April 2023
Outcome
Application for leave to appeal dismissed; costs ordered against defendants for the discrete application
Legal Topics
Order 14 Summary Judgment, Costs Reservation, Leave to Appeal, Interlocutory Applications, Gross Sum Assessment
Source Language
EN
Civil Procedure Costs Appeal Commercial Litigation Order 14 Summary Judgment Costs Reservation Leave to Appeal Interlocutory Applications +1 more

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Parties

CANADIAN INTERNATIONAL EDUCATION ORG CO., LIMITED

1st Plaintiff (original Action)

广州市加优教育信息咨询有限公司

2nd Plaintiff (original Action); 1st Defendant (counterclaim)

KAREN TERESA FERRIS COLE

1st Defendant (original Action); 3rd Plaintiff (counterclaim)

SUNSHINE HOUSE INTERNATIONAL PRE-SCHOOL (CLEARWATER BAY) LIMITED

2nd Defendant (original Action); 1st Plaintiff (counterclaim)

SUNSHINE HOUSE INTERNATIONAL PRE-SCHOOL (DB) LIMITED

3rd Defendant (original Action); 2nd Plaintiff (counterclaim)

SUNSHINE HOUSE KINDERGARTEN LIMITED

4th Defendant (original Action); 4th Plaintiff (counterclaim)

CANADIAN INTERNATIONAL EDUCATIONAL ORG CO., LIMITED

1st Defendant (counterclaim)

SUNSHINE HOUSE INTERNATIONAL PRE-SCHOOL (TUNG CHUNG) LIMITED

2nd Defendant (counterclaim)

CHEN XIUQUN

4th Defendant (counterclaim)

HOWARD NORMAN SYBE STRIBBELL

5th Defendant (counterclaim)

CHEE MING LAI

6th Defendant (counterclaim)

TSE YEE MEI TINA

7th Defendant (counterclaim)

Procedural Posture

Order 14 Summary Judgment Application and Interlocutory Leave to Appeal Application (costs) / Interlocutory (application for Leave to Appeal Against Reservation of Costs); Trial Fixed for End April 2023

Legal Issues

  1. 1 Whether the judge erred in reserving costs on dismissal of an O.14 summary judgment application
  2. 2 Whether plaintiffs complied with O.14 r.2 (sworn affidavit requirement)
  3. 3 Whether costs should be ordered payable forthwith under O.14 r.7 or follow the event under O.62 r.3(2A)

Ratio Decidendi

Recorder held reserving costs on dismissal of the O.14 application was within judicial discretion given the imminence of trial, potential reuse of materials, and taxation difficulties; the proposed appeal had no reasonable prospects and would waste judicial resources; leave to appeal refused and the discrete application was dismissed with costs ordered.

Court Disposition

Application for leave to appeal dismissed; costs ordered against defendants for the discrete application

Orders

  • Leave to appeal refused and application dismissed
  • Defendants to pay Plaintiffs costs of the discrete application assessed on a gross sum basis of HK$65,000 to be paid within 28 days