FONG YIN CHEUNG v. HO KWAN CHU AND OTHERS

FONG YIN CHEUNG v. HO KWAN CHU AND OTHERS

The appeal being wholly unsuccessful, the plaintiff must bear the costs of the appeal subject to the court\'s discretion because the defendants were partly at fault for unsatisfactory particulars; exercising that discretion the court awarded two-thirds of the assessed costs of $60,000 (i.e. $40,000) to the...

Source-derived case information.

Citation
FONG YIN CHEUNG v. HO KWAN CHU AND OTHERS
Parties
Defendant: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 September 2009
Case Number
HCA436/2005
Procedural Posture
Appeal From Master\'s Decision Concerning Application to Strike Out (unless Order) / Ruling on Costs After Dismissal of Appeal and Prior Master\'s Decision
Outcome
Plaintiff ordered to pay two-thirds of the assessed costs of the appeal (amounting to $40,000) to the defendants forthwith; Master\'s costs order of $800 undisturbed.
Legal Topics
Striking Out, Unless Order, Costs Assessment, Gross Sum Assessment, Satellite Litigation
Source Language
en
Civil Procedure Costs Law Appeals Striking Out Unless Order Costs Assessment Gross Sum Assessment Satellite Litigation

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Parties

Defendants

Defendant

Procedural Posture

Appeal From Master\'s Decision Concerning Application to Strike Out (unless Order) / Ruling on Costs After Dismissal of Appeal and Prior Master\'s Decision

Legal Issues

  1. 1 Whether the unsuccessful appellant (plaintiff) should be ordered to pay costs of the appeal
  2. 2 Whether the Master\'s costs order should be disturbed
  3. 3 Extent to which respondent\'s unsatisfactory particulars mitigate plaintiff\'s liability for costs

Ratio Decidendi

The appeal being wholly unsuccessful, the plaintiff must bear the costs of the appeal subject to the court\'s discretion because the defendants were partly at fault for unsatisfactory particulars; exercising that discretion the court awarded two-thirds of the assessed costs of $60,000 (i.e. $40,000) to the defendants and left the Master\'s earlier costs order undisturbed.

Court Disposition

Plaintiff ordered to pay two-thirds of the assessed costs of the appeal (amounting to $40,000) to the defendants forthwith; Master\'s costs order of $800 undisturbed.

Orders

  • Plaintiff to pay defendants two-thirds of the costs of the appeal assessed at $60,000, namely $40,000, payable forthwith.
  • The Master\'s earlier costs order of $800 to the defendants remains undisturbed.