KIM SIE JOONG AND ANOTHER v. NG CHEUK NGON AND OTHERS

KIM SIE JOONG AND ANOTHER v. NG CHEUK NGON AND OTHERS

The Recorder concluded he had sufficient insight into the background and arguments to vary the earlier costs order nisi: the costs of the 1st and 2nd summonses are to be costs in the cause, the costs of the adjournment on 30 December 2002 are to be paid by the Plaintiffs (taxed and paid forthwith), and the costs of the present application are to be costs in the cause; credibility findings on affidavits were inappropriate at this interlocutory stage.

Citation
KIM SIE JOONG AND ANOTHER v. NG CHEUK NGON AND OTHERS
Parties
1st Plaintiff: KIM SIE JOONG; 2nd Plaintiff: LAU FAI SHUN; 1st Defendant: NG CHEUK NGON; 2nd Defendant: TSOU SHING HING; 3rd Defendant: MADAM CHEUNG YIN YUNG; 4th Defendant: BILLION MARKET LTD; 5th Defendant: NG CHEUK TING; 6th Defendant: SHEK YUET SAU; 7th Defendant: LAW KWAI KAU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2003
Case Number
HCA552/2002
Procedural Posture
Civil Discovery and Preservation of Assets / Interlocutory: Application to Vary Costs Order Nisi; Ruling on Costs
Outcome
Costs order nisi varied as set out in orders below.
Legal Topics
Costs Order, Variation of Costs Order, Reservation of Costs to Trial Judge, Discovery, Preservation of Assets, Credibility of Affidavit Evidence
Source Language
EN
Civil Procedure Costs Injunctions/asset Preservation Evidence Costs Order Variation of Costs Order Reservation of Costs to Trial Judge Discovery +2 more

Case Brief

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Parties

KIM SIE JOONG

1st Plaintiff

LAU FAI SHUN

2nd Plaintiff

NG CHEUK NGON

1st Defendant

TSOU SHING HING

2nd Defendant

MADAM CHEUNG YIN YUNG

3rd Defendant

BILLION MARKET LTD

4th Defendant

NG CHEUK TING

5th Defendant

SHEK YUET SAU

6th Defendant

LAW KWAI KAU

7th Defendant

Procedural Posture

Civil Discovery and Preservation of Assets / Interlocutory: Application to Vary Costs Order Nisi; Ruling on Costs

Legal Issues

  1. 1 Whether the costs order nisi should be varied or reserved to the trial judge
  2. 2 Whether contested interlocutory summonses should be treated as part of the main action for costs purposes
  3. 3 Whether the court may make credibility findings based on affidavit evidence at interlocutory stage

Ratio Decidendi

The Recorder concluded he had sufficient insight into the background and arguments to vary the earlier costs order nisi: the costs of the 1st and 2nd summonses are to be costs in the cause, the costs of the adjournment on 30 December 2002 are to be paid by the Plaintiffs (taxed and paid forthwith), and the costs of the present application are to be costs in the cause; credibility findings on affidavits were inappropriate at this interlocutory stage.

Court Disposition

Costs order nisi varied as set out in orders below.

Orders

  • Costs of the 1st and 2nd summonses to be costs in the cause.
  • Costs of and occasioned by the adjournment on 30 December 2002 to be to the Plaintiffs, to be taxed and paid forthwith.