KUN PENG I LTD AND ANOTHER v. WIN POWER INVESTMENT LTD AND OTHERS

KUN PENG I LTD AND ANOTHER v. WIN POWER INVESTMENT LTD AND OTHERS

The court summarily assessed and awarded costs to the third party: $40,000 for the adjournment, $70,000 for the appeal, and $25,000 for the paper decision on costs, and ordered payment of $103,000 out of the $210,000 security paid into court, forthwith with no order as to further costs.

Citation
KUN PENG I LTD AND ANOTHER v. WIN POWER INVESTMENT LTD AND OTHERS
Parties
1st Plaintiff: Kun Peng I Limited; 2nd Plaintiff: Kun Peng II Limited; 1st Defendant: Win Power Investment Limited; 2nd Defendant: Lin Ming; 3rd Defendant: Jointa Limited; 4th Defendant: Fujian Yuansheng Foods Industry Co., Ltd; Third Party: Fabulous Turbo International Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 2016
Case Number
HCA475/2012
Procedural Posture
Appeal Against Master's Decision for Security for Costs / Decision on Costs (post Appeal)
Outcome
Third party's costs awarded in part; summary assessments made and payment out of security ordered
Legal Topics
Security for Costs, Summary Assessment of Costs, Payment Out of Security, Adjournment Costs
Source Language
EN
Civil Procedure Costs Security for Costs Appeal Summary Assessment of Costs Payment Out of Security Adjournment Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Kun Peng I Limited

1st Plaintiff

Kun Peng II Limited

2nd Plaintiff

Win Power Investment Limited

1st Defendant

Lin Ming

2nd Defendant

Jointa Limited

3rd Defendant

Fujian Yuansheng Foods Industry Co., Ltd

4th Defendant

Fabulous Turbo International Limited

Third Party

Procedural Posture

Appeal Against Master's Decision for Security for Costs / Decision on Costs (post Appeal)

Legal Issues

  1. 1 Whether the third party is entitled to costs of the adjournment on 13 November 2015
  2. 2 Whether the third party is entitled to costs of the 2nd defendant's unsuccessful appeal
  3. 3 Whether the third party is entitled to costs of this paper decision on costs

Ratio Decidendi

The court summarily assessed and awarded costs to the third party: $40,000 for the adjournment, $70,000 for the appeal, and $25,000 for the paper decision on costs, and ordered payment of $103,000 out of the $210,000 security paid into court, forthwith with no order as to further costs.

Court Disposition

Third party's costs awarded in part; summary assessments made and payment out of security ordered

Orders

  • Costs of the adjournment on 13 November 2015 to the third party summarily assessed at 40000 HKD
  • Costs of the appeal before this court on 12 January 2016 to the third party summarily assessed at 70000 HKD