MILLION DECADE LTD v. TUNG FAI also known as DONG HUI

MILLION DECADE LTD v. TUNG FAI also known as DONG HUI

The court held Tung was entitled to costs of the abandoned Interrogatories Appeal and Wei should pay those costs to Tung to be taxed forthwith if not agreed; Million Decade must pay Tung the costs of the WS Amended Appeal to be taxed forthwith if not agreed; there should be no order as to costs in respect of the FBP Appeal or the FBP Summons; apportionment percentages for counsel brief fees and solicitors' attendance at the Appeal Hearing were fixed to assist taxation, and summary assessment was inappropriate for the full range of items so taxation was ordered for the principal items.

Citation
MILLION DECADE LTD v. TUNG FAI also known as DONG HUI
Parties
Plaintiff in Hca1062/2013; Appellant in WS Appeal: Million Decade Limited; Defendant in Hca1062/2013; Plaintiff in Hca1660/2013; Respondent/applicant on Costs: Tung Fai (Dong Hui); Defendant in Hca1660/2013; Appellant in FBP and Interrogatories Appeals: Wei Dong; Related Party, Plaintiff in Hca1063/2013: Top Ample Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2016
Case Number
HCA1062/2013
Procedural Posture
Appeals and Interlocutory Costs Applications / Decision on Costs (paper Disposal) Dated 20 June 2016
Outcome
Costs orders made in favour of Tung in respect of specified appeals; taxation ordered forthwith for main items; no order as to costs for certain appeals and summonses.
Legal Topics
Costs Assessment, Apportionment of Costs, Summary Assessment Vs Taxation, Withdrawal/abandonment of Appeal, Interlocutory Orders
Source Language
EN
Civil Procedure Costs Appeal Costs Assessment Apportionment of Costs Summary Assessment Vs Taxation Withdrawal/abandonment of Appeal Interlocutory Orders

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Parties

Million Decade Limited

Plaintiff in Hca1062/2013; Appellant in WS Appeal

Tung Fai (Dong Hui)

Defendant in Hca1062/2013; Plaintiff in Hca1660/2013; Respondent/applicant on Costs

Wei Dong

Defendant in Hca1660/2013; Appellant in FBP and Interrogatories Appeals

Top Ample Limited

Related Party, Plaintiff in Hca1063/2013

Procedural Posture

Appeals and Interlocutory Costs Applications / Decision on Costs (paper Disposal) Dated 20 June 2016

Legal Issues

  1. 1 Whether respondent (Tung) was entitled to costs for the abandoned Interrogatories Appeal
  2. 2 Whether costs across separate actions heard together may be apportioned between parties and between appeals
  3. 3 Whether costs of the WS Amended Appeal should be summarily assessed or taxed

Ratio Decidendi

The court held Tung was entitled to costs of the abandoned Interrogatories Appeal and Wei should pay those costs to Tung to be taxed forthwith if not agreed; Million Decade must pay Tung the costs of the WS Amended Appeal to be taxed forthwith if not agreed; there should be no order as to costs in respect of the FBP Appeal or the FBP Summons; apportionment percentages for counsel brief fees and solicitors' attendance at the Appeal Hearing were fixed to assist taxation, and summary assessment was inappropriate for the full range of items so taxation was ordered for the principal items.

Court Disposition

Costs orders made in favour of Tung in respect of specified appeals; taxation ordered forthwith for main items; no order as to costs for certain appeals and summonses.

Orders

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