建巧投資有限公司 對 韓國正

建巧投資有限公司 對 韓國正

The judge declined to recuse or to adjourn proceedings, dismissed the defendant's appeal, and awarded costs to the plaintiff on the standard scale, assessing recoverable costs at HK$27,000 as reasonable.

Source-derived case information.

Citation
[2021] HKCFI 2712
Parties
Plaintiff: BESTGUARD INVESTMENT LIMITED (建巧投資有限公司); Defendant: HON KWOK CHING (韓國正); Third Debtor: CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 September 2021
Case Number
CACV231/2010
Procedural Posture
Civil Appeal / Costs Judgment / Assessment After Dismissal of Appeal
Outcome
Appeal dismissed; costs awarded to plaintiff
Legal Topics
Costs Assessment, Recusal, Appeal Dismissal
Source Language
ch
Civil Procedure Costs Appeal Costs Assessment Recusal Appeal Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

BESTGUARD INVESTMENT LIMITED (建巧投資有限公司)

Plaintiff

HON KWOK CHING (韓國正)

Defendant

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED

Third Debtor

Procedural Posture

Civil Appeal / Costs Judgment / Assessment After Dismissal of Appeal

Legal Issues

  1. 1 Whether the trial judge should recuse
  2. 2 Whether proceedings should be stayed/adjourned
  3. 3 Whether the claimed costs were reasonable and recoverable on the standard scale

Ratio Decidendi

The judge declined to recuse or to adjourn proceedings, dismissed the defendant's appeal, and awarded costs to the plaintiff on the standard scale, assessing recoverable costs at HK$27,000 as reasonable.

Court Disposition

Appeal dismissed; costs awarded to plaintiff

Orders

  • Appeal dismissed
  • Defendant Hon Kwok Ching ordered to pay plaintiff Bestguard Investment Limited costs of the appeal assessed on the standard scale in the sum of HK$27,000