YU MENGYING v. SKYHIGH INVESTMENT LTD

YU MENGYING v. SKYHIGH INVESTMENT LTD

The court varied the costs order nisi and ordered the 2nd Defendant to pay forthwith the costs incurred after 8 October 2019 up to and including the hearing on 22 May 2020 (including certificate for two counsel and the costs of the variation application), because the Civil Justice Reform supports immediate payment as a sanction, the 2nd Defendant unreasonably refused an offer to continue her undertaking thereby causing avoidable costs, and those costs are severable and readily taxable separately.

Citation
[2020] HKCFI 2135
Parties
Plaintiff in HCCT 29 / Defendant in HCA 1434: Skyhigh Investment Limited; 1st Defendant: Yu Jun; 2nd Defendant in HCCT 29 / Plaintiff in HCA 1434: Yu Mengying; 3rd Defendant: Yujime Investment Management Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 August 2020
Case Number
HCA1434/2019
Procedural Posture
Construction and Arbitration Proceedings (hcct 29/2019 & HCA 1434/2019) / Interlocutory Variation of Costs Order
Outcome
Application to vary the costs order granted; 2nd Defendant ordered to pay specified interlocutory costs forthwith.
Legal Topics
Costs Order, Injunction, Undertaking, Variation of Costs Order, Taxation of Costs
Source Language
EN
Civil Construction Arbitration Costs Civil Procedure Costs Order Injunction Undertaking +2 more

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Parties

Skyhigh Investment Limited

Plaintiff in HCCT 29 / Defendant in HCA 1434

Yu Jun

1st Defendant

Yu Mengying

2nd Defendant in HCCT 29 / Plaintiff in HCA 1434

Yujime Investment Management Limited

3rd Defendant

Procedural Posture

Construction and Arbitration Proceedings (hcct 29/2019 & HCA 1434/2019) / Interlocutory Variation of Costs Order

Legal Issues

  1. 1 Whether costs ordered against the 2nd Defendant should be payable forthwith
  2. 2 Whether costs from 8 October 2019 to 22 May 2020 are severable and capable of immediate taxation and payment
  3. 3 Whether the court should vary the costs order nisi as a sanction for unreasonable conduct or unwarranted resistance to an interlocutory offer

Ratio Decidendi

The court varied the costs order nisi and ordered the 2nd Defendant to pay forthwith the costs incurred after 8 October 2019 up to and including the hearing on 22 May 2020 (including certificate for two counsel and the costs of the variation application), because the Civil Justice Reform supports immediate payment as a sanction, the 2nd Defendant unreasonably refused an offer to continue her undertaking thereby causing avoidable costs, and those costs are severable and readily taxable separately.

Court Disposition

Application to vary the costs order granted; 2nd Defendant ordered to pay specified interlocutory costs forthwith.

Orders

  • The 2nd Defendant (Yu Mengying) to pay forthwith the costs ordered against her incurred after 8 October 2019 up to and including the hearing on 22 May 2020, with certificate for 2 Counsel.
  • The costs of the application for variation to be paid by the 2nd Defendant and included in the costs to be paid forthwith.