TAM SHUK YIN ANNY v. CHOI KWOK CHAN AND OTHERS

TAM SHUK YIN ANNY v. CHOI KWOK CHAN AND OTHERS

The court varied the order nisi to grant a certificate for two counsel because the complexity of the case, heavy documentation, overlapping company issues, expert evidence and late-raised issues justified two counsel, and awarded the costs of the application to the petitioner as part of her costs of the petition.

Citation
TAM SHUK YIN ANNY v. CHOI KWOK CHAN AND OTHERS
Parties
Petitioner: Tam Shuk Yin Anny; 1st Respondent: Choi Kwok Chan; 2nd Respondent: Fung Lai Mei Betty; 3rd Respondent: Active Team International Limited; 4th Respondent: Advance Wise Development Limited; 5th Respondent: Wise Apex Enterprises Limited; 6th Respondent: Richmond Properties and Trading Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 July 2007
Case Number
HCMP2399/2004
Procedural Posture
Companies Ordinance S168 a Petition / Post Judgment Application to Vary Costs Order (order Nisi)
Outcome
Order nisi varied to provide a certificate for two counsel; costs of the application awarded to the petitioner as part of her petition costs.
Legal Topics
Section 168 a Companies Ordinance, Certificate for Two Counsel, Variation of Costs Order
Source Language
EN
Company Law Civil Procedure Costs Section 168 a Companies Ordinance Certificate for Two Counsel Variation of Costs Order

Case Brief

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Parties

Tam Shuk Yin Anny

Petitioner

Choi Kwok Chan

1st Respondent

Fung Lai Mei Betty

2nd Respondent

Active Team International Limited

3rd Respondent

Advance Wise Development Limited

4th Respondent

Wise Apex Enterprises Limited

5th Respondent

Richmond Properties and Trading Company Limited

6th Respondent

Procedural Posture

Companies Ordinance S168 a Petition / Post Judgment Application to Vary Costs Order (order Nisi)

Legal Issues

  1. 1 Whether a certificate for two counsel should be granted
  2. 2 Whether the order nisi for costs should be varied
  3. 3 Whether the costs of the variation application should be awarded to the petitioner

Ratio Decidendi

The court varied the order nisi to grant a certificate for two counsel because the complexity of the case, heavy documentation, overlapping company issues, expert evidence and late-raised issues justified two counsel, and awarded the costs of the application to the petitioner as part of her costs of the petition.

Court Disposition

Order nisi varied to provide a certificate for two counsel; costs of the application awarded to the petitioner as part of her petition costs.

Orders

  • Order nisi dated 14 June 2007 varied to provide a certificate for two counsel.
  • Costs of this application awarded to the petitioner as part of her costs of the petition.