WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

The judge found that defendants were entitled to their costs of the application for further security and the costs-variation application because plaintiffs never offered lesser security and the case facts did not merit treating defendants as unsuccessful on quantum; the costs order nisi was varied to award defendants all costs of and incidental to those applications, to be taxed if not agreed, on party-and-party basis with certificate for counsel, taxable and payable forthwith.

Citation
WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS
Parties
1st Plaintiff: WINGAMES INVESTMENTS LIMITED; 2nd Plaintiff: CHINA HEALTHCARE HOLDINGS LIMITED; 3rd Plaintiff: CHC INVESTMENT HOLDINGS LIMITED; 1st Defendant: MASCOT LAND LIMITED; 2nd Defendant: CHINA ZHONGFU INDUSTRY CO. LIMITED; 3rd Defendant: SHANGHAI ZHONGFU INTERNATIONAL TRADING CO. LIMITED; 4th Defendant: ANHUI ANHE INVESTMENT CONSULTING CO. LIMITED; 5th Defendant: WANG JISHENG; 6th Defendant: GE QIANSONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 November 2012
Case Number
HCA907/2011
Procedural Posture
Application for Variation of Costs Order Nisi / Security for Costs Dispute / Decision on Costs (order Varied)
Outcome
Costs order nisi varied in favour of defendants; plaintiffs ordered to pay defendants' costs of the applications.
Legal Topics
Costs Order, Security for Costs, Variation of Costs Order Nisi, Taxation of Costs, Party and Party Costs
Source Language
EN
Civil Procedure Costs Security for Costs Commercial Litigation Costs Order Variation of Costs Order Nisi Taxation of Costs Party and Party Costs

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Parties

WINGAMES INVESTMENTS LIMITED

1st Plaintiff

CHINA HEALTHCARE HOLDINGS LIMITED

2nd Plaintiff

CHC INVESTMENT HOLDINGS LIMITED

3rd Plaintiff

MASCOT LAND LIMITED

1st Defendant

CHINA ZHONGFU INDUSTRY CO. LIMITED

2nd Defendant

SHANGHAI ZHONGFU INTERNATIONAL TRADING CO. LIMITED

3rd Defendant

ANHUI ANHE INVESTMENT CONSULTING CO. LIMITED

4th Defendant

WANG JISHENG

5th Defendant

GE QIANSONG

6th Defendant

Procedural Posture

Application for Variation of Costs Order Nisi / Security for Costs Dispute / Decision on Costs (order Varied)

Legal Issues

  1. 1 Whether the defendants were entitled to the normal costs order following the event
  2. 2 Whether the defendants should receive full costs when the quantum awarded differed from the sum sought
  3. 3 Whether the plaintiffs' conduct (late evidence/new grounds) justified adverse costs or reductions

Ratio Decidendi

The judge found that defendants were entitled to their costs of the application for further security and the costs-variation application because plaintiffs never offered lesser security and the case facts did not merit treating defendants as unsuccessful on quantum; the costs order nisi was varied to award defendants all costs of and incidental to those applications, to be taxed if not agreed, on party-and-party basis with certificate for counsel, taxable and payable forthwith.

Court Disposition

Costs order nisi varied in favour of defendants; plaintiffs ordered to pay defendants' costs of the applications.

Orders

  • Plaintiffs to pay to the defendants all costs of and incidental to the application for further security for costs, to be taxed if not agreed, on party-and-party basis, with certificate for counsel, taxable and payable forthwith.
  • Plaintiffs to pay to the defendants all costs of and incidental to the application for variation of the costs order nisi, to be taxed if not agreed, on party-and-party basis, with certificate for counsel, taxable and payable forthwith.