CITIBANK N.A. v. CARVEN ENTERPRISES LTD AND OTHERS

CITIBANK N.A. v. CARVEN ENTERPRISES LTD AND OTHERS

Because the plaintiff had reasonably briefed counsel before the appeals were abandoned and the defendants did not accept liability or respond, the court awarded the plaintiff costs of the abandoned appeal and assessed those costs at $49,483 to be paid by the defendants jointly and severally.

Citation
CITIBANK N.A. v. CARVEN ENTERPRISES LTD AND OTHERS
Parties
Plaintiff: CITIBANK N.A.; 1st Defendant: CARVEN ENTERPRISES LIMITED; 2nd Defendant: PHOENIX GARMENT ENTERPRISES LIMITED; 3rd Defendant: BOLUO YIHE WELLAM GARMENT COMPANY; 4th Defendant: CHAN CHEUK SHING; 5th Defendant: LAM KWOK WAI; 6th Defendant: LAM KIN SING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2009
Case Number
HCA2209/2008
Procedural Posture
Civil Debt Recovery (bank Enforcement Action) / Application for Costs Following Abandonment of Appeal Against Summary Judgment Under Order 14
Outcome
Costs awarded to Plaintiff for the abandoned appeal
Legal Topics
Summary Judgment, Costs of Abandoned Appeal, Guarantee, Joint and Several Liability
Source Language
EN
Civil Procedure Banking Contract Debt Recovery Summary Judgment Costs of Abandoned Appeal Guarantee Joint and Several Liability

Case Brief

Summary, issues, holding and outcome

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Parties

CITIBANK N.A.

Plaintiff

CARVEN ENTERPRISES LIMITED

1st Defendant

PHOENIX GARMENT ENTERPRISES LIMITED

2nd Defendant

BOLUO YIHE WELLAM GARMENT COMPANY

3rd Defendant

CHAN CHEUK SHING

4th Defendant

LAM KWOK WAI

5th Defendant

LAM KIN SING

6th Defendant

Procedural Posture

Civil Debt Recovery (bank Enforcement Action) / Application for Costs Following Abandonment of Appeal Against Summary Judgment Under Order 14

Legal Issues

  1. 1 Whether plaintiff entitled to costs of abandoned appeal by guarantors
  2. 2 Whether costs should be paid jointly and severally by defendants
  3. 3 Appropriate assessment and quantum of costs

Ratio Decidendi

Because the plaintiff had reasonably briefed counsel before the appeals were abandoned and the defendants did not accept liability or respond, the court awarded the plaintiff costs of the abandoned appeal and assessed those costs at $49,483 to be paid by the defendants jointly and severally.

Court Disposition

Costs awarded to Plaintiff for the abandoned appeal

Orders

  • Costs assessed in the sum of $49,483.00 to be paid to the Plaintiff by the Defendants jointly and severally