LAM YIU CHO AND ANOTHER v. ASIALAND LTD AND OTHERS

LAM YIU CHO AND ANOTHER v. ASIALAND LTD AND OTHERS

The court exercised its discretion: each party shall bear its own costs of the hearing on 20 November 2008 (including written submissions), and, on the balance, two-thirds of the costs of the Ord.14 summons are attributable to the unsuccessful heads and are to be paid by the plaintiffs; no order is made on the Ord.14 summons in HCA 2339/2007 as it was disposed of by consent.

Citation
LAM YIU CHO AND ANOTHER v. ASIALAND LTD AND OTHERS
Parties
1st Plaintiff: Lam Yiu Cho; 2nd Plaintiff: New Rainbow Overseas Incorporated; Plaintiff (hca 2339/2007): Master Sum Limited; 1st Defendant: Asialand Limited; 2nd Defendant: Cheng Chi Heng; 3rd Defendant: Advance Pharmaceutical Company Limited; 4th Defendant: Loyal Advance Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 2009
Case Number
HCA463/2006
Procedural Posture
Civil Order 14 Summons Arising From Monetary Claims / Decision on Costs Following Final Judgment
Outcome
Costs decision: plaintiffs to pay two-thirds of costs of the Ord.14 summons; parties to bear their own costs of the 20 November 2008 hearing; no order on the Ord.14 summons in HCA 2339/2007.
Legal Topics
Order 14 Summons, Costs Allocation, Partial Success, Costs of Hearing
Source Language
EN
Civil Procedure Costs Order 14 Summons Costs Allocation Partial Success Costs of Hearing

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Parties

Lam Yiu Cho

1st Plaintiff

New Rainbow Overseas Incorporated

2nd Plaintiff

Master Sum Limited

Plaintiff (hca 2339/2007)

Asialand Limited

1st Defendant

Cheng Chi Heng

2nd Defendant

Advance Pharmaceutical Company Limited

3rd Defendant

Loyal Advance Limited

4th Defendant

Procedural Posture

Civil Order 14 Summons Arising From Monetary Claims / Decision on Costs Following Final Judgment

Legal Issues

  1. 1 Whether costs should follow the plaintiffs' partial success and in what proportion
  2. 2 Whether the parties should bear their own costs of the hearing on 20 November 2008
  3. 3 Whether any order should be made in respect of the Ord.14 summons in HCA 2339/2007 which had been disposed of by consent

Ratio Decidendi

The court exercised its discretion: each party shall bear its own costs of the hearing on 20 November 2008 (including written submissions), and, on the balance, two-thirds of the costs of the Ord.14 summons are attributable to the unsuccessful heads and are to be paid by the plaintiffs; no order is made on the Ord.14 summons in HCA 2339/2007 as it was disposed of by consent.

Court Disposition

Costs decision: plaintiffs to pay two-thirds of costs of the Ord.14 summons; parties to bear their own costs of the 20 November 2008 hearing; no order on the Ord.14 summons in HCA 2339/2007.

Orders

  • Each party shall bear its own costs of the hearing on 20 November 2008 (costs of preparing written submissions included).
  • Two-thirds of the costs of the Ord.14 summons (the said summons) are to be paid by the plaintiffs.