HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD

HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD

In the absence of strong reasons to depart from conventional practice and given the high likelihood the action will proceed to trial and the substantial funds are held in Hong Kong, the court applied the usual procedure: costs to be taxed and paid after final determination and the words 'in any event' are to be included, together with a certificate for two counsel.

Citation
HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
Parties
Plaintiff/applicant: Hong Jing; Defendant/respondent: Zhuhai Kwok Yuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2006
Case Number
HCA156/2006
Procedural Posture
Application to Set Aside Grant of Leave to Serve Writ Out of the Jurisdiction / Variation of Costs Order (interlocutory)
Outcome
Order nisi varied
Legal Topics
Costs Orders, Variation of Orders, Interlocutory Applications, Certificates for Counsel
Source Language
EN
Civil Procedure Costs Service Out of Jurisdiction Costs Orders Variation of Orders Interlocutory Applications Certificates for Counsel

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Parties

Hong Jing

Plaintiff/applicant

Zhuhai Kwok Yuen

Defendant/respondent

Procedural Posture

Application to Set Aside Grant of Leave to Serve Writ Out of the Jurisdiction / Variation of Costs Order (interlocutory)

Legal Issues

  1. 1 Whether the words 'in any event' should be added to the costs order
  2. 2 Whether costs should be payable forthwith or only after taxation and final determination
  3. 3 Whether a certificate for two counsel should be allowed

Ratio Decidendi

In the absence of strong reasons to depart from conventional practice and given the high likelihood the action will proceed to trial and the substantial funds are held in Hong Kong, the court applied the usual procedure: costs to be taxed and paid after final determination and the words 'in any event' are to be included, together with a certificate for two counsel.

Court Disposition

Order nisi varied

Orders

  • Zhuhai Kwok Yuen must pay Hong Jing's costs in any event, to be taxed on a party and party basis, with a certificate for two counsel, on the application to set aside the grant of leave to serve the writ out of the jurisdiction.