CHOY NGA WAI NANCY v. GENTLE SMART LTD AND ANOTHER

CHOY NGA WAI NANCY v. GENTLE SMART LTD AND ANOTHER

The costs summons is dismissed and the costs order nisi is made absolute because the Plaintiff's conduct at hearing justified disallowance of half her costs of assessment and challenges to the substantive findings are improper grounds for varying a costs order nisi.

Citation
CHOY NGA WAI NANCY v. GENTLE SMART LTD AND ANOTHER
Parties
Plaintiff: Choy Nga Wai Nancy; 1st Defendant: Gentle Smart Limited; 2nd Defendant: Leung Suet Ching
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 August 2009
Case Number
DCCJ4895/2007
Procedural Posture
Civil Action Contract for Sale and Purchase (specific Performance / Damages) / Post Judgment Application to Vary Costs Order Nisi; Assessment of Costs
Outcome
Costs summons dismissed; costs order nisi made absolute in favour of the Plaintiff to the extent previously ordered.
Legal Topics
Specific Performance, Assessment of Damages, Costs Order Nisi, Variation of Costs Order, Interest on Deposits
Source Language
EN
Contract Civil Procedure Costs Property Law Specific Performance Assessment of Damages Costs Order Nisi Variation of Costs Order +1 more

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Parties

Choy Nga Wai Nancy

Plaintiff

Gentle Smart Limited

1st Defendant

Leung Suet Ching

2nd Defendant

Procedural Posture

Civil Action Contract for Sale and Purchase (specific Performance / Damages) / Post Judgment Application to Vary Costs Order Nisi; Assessment of Costs

Legal Issues

  1. 1 Whether the costs order nisi should be varied to require the 1st Defendant to pay the Plaintiff's full costs of assessment
  2. 2 Whether the Plaintiff's conduct justified the disallowance of half of her costs of assessment
  3. 3 Whether arguments challenging findings of the substantive judgment are proper grounds for varying a costs order nisi

Ratio Decidendi

The costs summons is dismissed and the costs order nisi is made absolute because the Plaintiff's conduct at hearing justified disallowance of half her costs of assessment and challenges to the substantive findings are improper grounds for varying a costs order nisi.

Court Disposition

Costs summons dismissed; costs order nisi made absolute in favour of the Plaintiff to the extent previously ordered.

Orders

  • Costs order nisi of paragraph 48 of the Judgment made absolute: 1st Defendant to pay half of the Plaintiff's costs of assessment, to be taxed if not agreed
  • The 2nd Defendant's costs occasioned by the Plaintiff's Costs Summons to be borne by the Plaintiff, to be taxed if not agreed