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 Court refused the defendant's application to stay or set aside the 13 May 2020 judgment because the defendant merely repeated prior arguments (lack of locus and objection to absence of oral hearing) that did not constitute grounds for interim relief or annulment; the Court then assessed and fixed the plaintiff's...

Source-derived case information.

Citation
[2020] HKCA 427
Parties
Plaintiff: BESTGUARD INVESTMENT LIMITED (建巧投資有限公司); Defendant: HON KWOK CHING (韓國正)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 June 2020
Case Number
CACV231/2010
Procedural Posture
Civil Appeal / Post Judgment: Costs Assessment and Application to Stay or Set Aside Judgment
Outcome
Defendant's application to stay or set aside the Court of Appeal's 13 May 2020 judgment refused; costs awarded to plaintiff.
Legal Topics
Stay of Execution, Costs Assessment, Leave to Appeal, Procedural Fairness
Source Language
ch
Civil Procedure Costs Appeal Stay of Execution Costs Assessment Leave to Appeal Procedural Fairness

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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

Procedural Posture

Civil Appeal / Post Judgment: Costs Assessment and Application to Stay or Set Aside Judgment

Legal Issues

  1. 1 Whether the defendant's application to stay or set aside the Court of Appeal's 13 May 2020 judgment should be granted
  2. 2 Whether the defendant's complaints about locus/standing and absence of an oral hearing justify a stay or setting aside of the judgment
  3. 3 Appropriate quantum and basis for the plaintiff's costs award

Ratio Decidendi

The Court refused the defendant's application to stay or set aside the 13 May 2020 judgment because the defendant merely repeated prior arguments (lack of locus and objection to absence of oral hearing) that did not constitute grounds for interim relief or annulment; the Court then assessed and fixed the plaintiff's costs at HK$50,000 on the basis that the issues were not complex and the time claimed was somewhat long even on a party-party summary assessment.

Court Disposition

Defendant's application to stay or set aside the Court of Appeal's 13 May 2020 judgment refused; costs awarded to plaintiff.

Orders

  • The defendant's application to stay or set aside the Court's 13 May 2020 judgment is refused.
  • The defendant is ordered to pay the plaintiff's costs assessed and fixed at HK$50,000.