TUNG FAI v. WEI DONG

TUNG FAI v. WEI DONG

Tung was entitled to costs of the abandoned Interrogatories Appeal; apportionment of counsel brief fees and solicitors' attendance for the combined hearing was set to assist taxation; principal costs items are to be taxed forthwith with certificates for two counsel; specific apportionments and directions to the Registrar regarding the Assessed Costs of $125,430 were ordered.

Citation
TUNG FAI v. WEI DONG
Parties
Plaintiff in Hca1062/2013; Non Party to Hca1660/2013: Million Decade Limited; Defendant in Hca1062/2013; Plaintiff in Hca1660/2013: Tung Fai (Dong Hui); Defendant in Hca1660/2013: Wei Dong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2016
Case Number
HCA1660/2013
Procedural Posture
Civil Appeals and Interlocutory Costs Applications / Decision on Costs (paper Disposal)
Outcome
Costs orders made in favour of Tung in part; specific apportionments and taxation directed; no order as to costs for certain appeals and for the summonses.
Legal Topics
Costs Assessment, Summary Assessment, Apportionment of Costs, Abandonment of Appeal, Interrogatories, Witness Statements, Further and Better Particulars (fbp)
Source Language
EN
Civil Procedure Costs Appeal Interlocutory Applications Costs Assessment Summary Assessment Apportionment of Costs Abandonment of Appeal +3 more

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Parties

Million Decade Limited

Plaintiff in Hca1062/2013; Non Party to Hca1660/2013

Tung Fai (Dong Hui)

Defendant in Hca1062/2013; Plaintiff in Hca1660/2013

Wei Dong

Defendant in Hca1660/2013

Procedural Posture

Civil Appeals and Interlocutory Costs Applications / Decision on Costs (paper Disposal)

Legal Issues

  1. 1 Whether Tung is entitled to costs for the abandoned Interrogatories Appeal
  2. 2 Whether costs across separate actions heard together should be apportioned between appeals and parties
  3. 3 Whether costs should be summarily assessed or taxed

Ratio Decidendi

Tung was entitled to costs of the abandoned Interrogatories Appeal; apportionment of counsel brief fees and solicitors' attendance for the combined hearing was set to assist taxation; principal costs items are to be taxed forthwith with certificates for two counsel; specific apportionments and directions to the Registrar regarding the Assessed Costs of $125,430 were ordered.

Court Disposition

Costs orders made in favour of Tung in part; specific apportionments and taxation directed; no order as to costs for certain appeals and for the summonses.

Orders

  • No order as to costs in respect of the FBP Appeal
  • No order as to costs in respect of the FBP Summons