SECURITIES AND FUTURES COMMISSION v. CHEUNG KENG CHING AND OTHERS

SECURITIES AND FUTURES COMMISSION v. CHEUNG KENG CHING AND OTHERS

The court exercised its discretion on costs: there is no order as to costs between the petitioner and the 4th respondent; 80% of the petitioner's costs are payable by the 1st, 2nd and 3rd respondents, with the 1st and 2nd jointly and severally liable for 80% of that amount and the 3rd respondent liable for 20%; the 4th respondent's costs are payable by the 1st, 2nd and 3rd respondents in the same proportions; the petitioner's application for a certificate for two counsel is granted.

Citation
SECURITIES AND FUTURES COMMISSION v. CHEUNG KENG CHING AND OTHERS
Parties
Petitioner: Securities and Futures Commission; Respondent: Cheung Keng Ching; 1st Respondent: 1st Respondent; 2nd Respondent: 2nd Respondent; 3rd Respondent: 3rd Respondent; 4th Respondent: 4th Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 March 2010
Case Number
HCMP1869/2008
Procedural Posture
Miscellaneous Proceedings Under Section 214 of the Securities and Futures Ordinance (cap.571) / Addendum on Costs / Final Costs Determination
Outcome
Costs allocated and certificate for two counsel granted as ordered below
Legal Topics
Costs Orders, Apportionment of Costs, Joint and Several Liability, Certificate for Two Counsel
Source Language
EN
Securities Law Civil Procedure Costs Law Costs Orders Apportionment of Costs Joint and Several Liability Certificate for Two Counsel

Case Brief

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Parties

Securities and Futures Commission

Petitioner

Cheung Keng Ching

Respondent

1st Respondent

1st Respondent

2nd Respondent

2nd Respondent

3rd Respondent

3rd Respondent

4th Respondent

4th Respondent

Procedural Posture

Miscellaneous Proceedings Under Section 214 of the Securities and Futures Ordinance (cap.571) / Addendum on Costs / Final Costs Determination

Legal Issues

  1. 1 Whether and how the petitioner's costs should be apportioned among the respondents
  2. 2 Whether there should be any order as to costs between the petitioner and the 4th respondent
  3. 3 Whether the petitioner should be granted a certificate for two counsel

Ratio Decidendi

The court exercised its discretion on costs: there is no order as to costs between the petitioner and the 4th respondent; 80% of the petitioner's costs are payable by the 1st, 2nd and 3rd respondents, with the 1st and 2nd jointly and severally liable for 80% of that amount and the 3rd respondent liable for 20%; the 4th respondent's costs are payable by the 1st, 2nd and 3rd respondents in the same proportions; the petitioner's application for a certificate for two counsel is granted.

Court Disposition

Costs allocated and certificate for two counsel granted as ordered below

Orders

  • No order as to costs between the petitioner and the 4th respondent.
  • Eighty percent of the petitioner's costs shall be paid by the 1st, 2nd and 3rd respondents.