CHAN KON FUNG v. GALLOP PIONEER LTD AND OTHERS

CHAN KON FUNG v. GALLOP PIONEER LTD AND OTHERS

The judge found PRCYT and Gallop to be overall winners and that Chan unreasonably persisted in contesting the determinative Categorisation Issue; accordingly Chan was ordered to pay the specified costs of PRCYT, Gallop and the costs arising from HKPS’s contribution notice and HKYT’s counterclaim, with specified certificates for two counsel and with all costs to be taxed if not agreed; no order was made between PRCYT and the other defendants (except in relation to Chan) and no certificate was allowed to cover the costs hearing.

Citation
[2024] HKCFI 2119
Parties
Plaintiff (original Action); 1st Defendant (counterclaim) Acting in Person: Chan Kon Fung (陳幹峰); 1st Defendant (original Action); 4th Defendant (counterclaim): Gallop Pioneer Limited; 2nd Defendant (original Action): L’Sea Resources International Holdings Limited; 3rd Defendant (original Action); Plaintiff (counterclaim): 雲南錫業集團(控股)有限責任公司 (Yunnan Tin Group (Holding) Co., Limited); 4th Defendant (original Action); 3rd Defendant (counterclaim): Yunnan Tin Hong Kong (Holding) Group Co., Limited (雲錫香港(控股)集團有限公司); 2nd Defendant (counterclaim): PARKSONG MINING AND RESOURCE RECYCLING LIMITED (柏淞礦產資源環回有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2024
Case Number
HCA1357/2011
Procedural Posture
Civil Action With Counterclaim / Costs Decision Following Trial (post Judgment Costs Hearing)
Outcome
Costs orders made in favour of PRCYT, Gallop, HKPS and HKYT against Chan as specified in the reasons
Legal Topics
Costs of Litigation, Contribution Notice, Counterclaim, Categorisation Issue, Dishonest Assistance, Fiduciary Duty
Source Language
EN
Civil Procedure Costs Company Law Equity and Fiduciary Duties Costs of Litigation Contribution Notice Counterclaim Categorisation Issue +2 more

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Parties

Chan Kon Fung (陳幹峰)

Plaintiff (original Action); 1st Defendant (counterclaim) Acting in Person

Gallop Pioneer Limited

1st Defendant (original Action); 4th Defendant (counterclaim)

L’Sea Resources International Holdings Limited

2nd Defendant (original Action)

雲南錫業集團(控股)有限責任公司 (Yunnan Tin Group (Holding) Co., Limited)

3rd Defendant (original Action); Plaintiff (counterclaim)

Yunnan Tin Hong Kong (Holding) Group Co., Limited (雲錫香港(控股)集團有限公司)

4th Defendant (original Action); 3rd Defendant (counterclaim)

PARKSONG MINING AND RESOURCE RECYCLING LIMITED (柏淞礦產資源環回有限公司)

2nd Defendant (counterclaim)

Procedural Posture

Civil Action With Counterclaim / Costs Decision Following Trial (post Judgment Costs Hearing)

Legal Issues

  1. 1 Whether Chan should be ordered to pay costs to PRCYT in respect of the action and counterclaim
  2. 2 Whether Chan should be ordered to pay Gallop’s costs and scope of any certificate for two counsel
  3. 3 Whether Chan should bear costs arising from HKPS’s contribution notice and HKYT’s counterclaim

Ratio Decidendi

The judge found PRCYT and Gallop to be overall winners and that Chan unreasonably persisted in contesting the determinative Categorisation Issue; accordingly Chan was ordered to pay the specified costs of PRCYT, Gallop and the costs arising from HKPS’s contribution notice and HKYT’s counterclaim, with specified certificates for two counsel and with all costs to be taxed if not agreed; no order was made between PRCYT and the other defendants (except in relation to Chan) and no certificate was allowed to cover the costs hearing.

Court Disposition

Costs orders made in favour of PRCYT, Gallop, HKPS and HKYT against Chan as specified in the reasons

Orders

  • No order as to costs between PRCYT and each of Gallop, HKPS and HKYT (excluding Chan) in respect of PRCYT’s counterclaim
  • Chan to pay PRCYT’s costs of the action and costs of the counterclaim against him including all costs reserved with a certificate for two counsel, to be taxed if not agreed