SKYHIGH INVESTMENT LTD v. YU JUN AND OTHERS

SKYHIGH INVESTMENT LTD v. YU JUN AND OTHERS

Because the 2nd Defendant unreasonably refused Skyhigh's October 2019 offer, the costs incurred from 8 October 2019 to 22 May 2020 are severable, substantial and properly payable forthwith as a sanction under the CJR; accordingly the summons to vary the costs order was acceded to and immediate payment by the 2nd Defendant ordered.

Citation
[2020] HKCFI 2135
Parties
Plaintiff in HCCT 29/2019; Defendant in HCA 1434/2019: Skyhigh Investment Limited; 1st Defendant in HCCT 29/2019: Yu Jun; 2nd Defendant in HCCT 29/2019; Plaintiff in HCA 1434/2019: Yu Mengying; 3rd Defendant in HCCT 29/2019: Yujime Investment Management Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 August 2020
Case Number
HCCT29/2019
Procedural Posture
Construction and Arbitration Proceedings; Application to Vary Costs Order / Decision on Summons for Variation of Costs Order (interlocutory)
Outcome
Summons for variation of costs order granted; immediate payment by the 2nd Defendant ordered
Legal Topics
Costs Order, Interlocutory Proceedings, Variation of Costs Order, Undertaking, Civil Justice Reform
Source Language
EN
Civil Procedure Arbitration Costs Costs Order Interlocutory Proceedings Variation of Costs Order Undertaking Civil Justice Reform

Case Brief

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Parties

Skyhigh Investment Limited

Plaintiff in HCCT 29/2019; Defendant in HCA 1434/2019

Yu Jun

1st Defendant in HCCT 29/2019

Yu Mengying

2nd Defendant in HCCT 29/2019; Plaintiff in HCA 1434/2019

Yujime Investment Management Limited

3rd Defendant in HCCT 29/2019

Procedural Posture

Construction and Arbitration Proceedings; Application to Vary Costs Order / Decision on Summons for Variation of Costs Order (interlocutory)

Legal Issues

  1. 1 Whether the costs ordered against the 2nd Defendant should be payable forthwith
  2. 2 Whether the costs from 8 October 2019 to 22 May 2020 are severable for immediate taxation and payment
  3. 3 Whether the court should limit the variation to immediate payment only

Ratio Decidendi

Because the 2nd Defendant unreasonably refused Skyhigh's October 2019 offer, the costs incurred from 8 October 2019 to 22 May 2020 are severable, substantial and properly payable forthwith as a sanction under the CJR; accordingly the summons to vary the costs order was acceded to and immediate payment by the 2nd Defendant ordered.

Court Disposition

Summons for variation of costs order granted; immediate payment by the 2nd Defendant ordered

Orders

  • Costs incurred after 8 October 2019 up to and including the hearing on 22 May 2020 to be paid forthwith by the 2nd Defendant (Yu Mengying), including costs of two counsel where applicable
  • Costs of the summons for variation to be paid by the 2nd Defendant and included in the costs to be paid forthwith