CHAN WING NGA AND ANOTHER v. CHUNG CHI WAI AND ANOTHER

CHAN WING NGA AND ANOTHER v. CHUNG CHI WAI AND ANOTHER

Applying its broad discretion and assessing the overall merits, the court found plaintiffs pursued unnecessary requisitions and that fairness required reducing the costs awarded; it varied the costs order nisi so that plaintiffs are entitled to half of the costs of the summary judgment application and awarded costs of the variation application to the defendant.

Citation
CHAN WING NGA AND ANOTHER v. CHUNG CHI WAI AND ANOTHER
Parties
Plaintiffs: 1st and 2nd Plaintiffs; Defendants: 1st and 2nd Defendants
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 October 2006
Case Number
DCCJ5656/2005
Procedural Posture
Civil Summary Judgment / Post Judgment Costs Variation Application
Outcome
Costs order nisi varied: plaintiffs entitled to half of the costs of the summary judgment application; costs of the variation application awarded to the defendant.
Legal Topics
Costs Order Nisi, Variation of Costs Order, Allocation of Costs, Court Discretion
Source Language
EN
Civil Procedure Costs Summary Judgment Costs Order Nisi Variation of Costs Order Allocation of Costs Court Discretion

Case Brief

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Parties

1st and 2nd Plaintiffs

Plaintiffs

1st and 2nd Defendants

Defendants

Procedural Posture

Civil Summary Judgment / Post Judgment Costs Variation Application

Legal Issues

  1. 1 Whether the costs order nisi should be varied
  2. 2 Appropriate proportion of costs to award given partial success on multiple requisitions
  3. 3 Whether plaintiffs' conduct (pursuing unnecessary requisitions) justifies reduced costs

Ratio Decidendi

Applying its broad discretion and assessing the overall merits, the court found plaintiffs pursued unnecessary requisitions and that fairness required reducing the costs awarded; it varied the costs order nisi so that plaintiffs are entitled to half of the costs of the summary judgment application and awarded costs of the variation application to the defendant.

Court Disposition

Costs order nisi varied: plaintiffs entitled to half of the costs of the summary judgment application; costs of the variation application awarded to the defendant.

Orders

  • Plaintiffs are entitled to half of the costs of the Plaintiffs' application for summary judgment, to be taxed if not agreed.
  • Costs of the Defendant's application to vary the costs order nisi are to the Defendant, to be taxed if not agreed.