LAU WING YAN AND OTHERS v. CHU KONG AND OTHERS

LAU WING YAN AND OTHERS v. CHU KONG AND OTHERS

The Variation Summons was dismissed and costs should follow the event; the plaintiffs failed to show that their without‑prejudice letter would have secured the availability of key witnesses or avoided costs and delay, the X‑Exam dismissal was a justified case management direction to resolve the Discharge Summons at...

Source-derived case information.

Citation
LAU WING YAN AND OTHERS v. CHU KONG AND OTHERS
Parties
1st Plaintiff: LAU WING YAN; 2nd Plaintiff: SUN MIN; 3rd Plaintiff: CHANG DAFA; 4th Plaintiff: PACIFIC BULK SHIPPING (CAYMAN) LIMITED; 1st Defendant: CHU KONG; 2nd Defendant: LU ZHONG ZHI; 3rd Defendant: HU MU ZHONG; 4th Defendant: JOINT SILVER LIMITED; 5th Defendant: CENTRAL SHIPPING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2017
Case Number
HCA2562/2014
Procedural Posture
Civil Injunction Discharge and Related Summonses / Post Hearing Variation Summons (costs) Disposed on Paper by Deputy Judge
Outcome
Variation Summons dismissed; costs follow the event; plaintiffs ordered to pay Mr Chu's costs of the Variation Summons forthwith, to be taxed if not agreed.
Legal Topics
Discharge of Injunction, Pre Trial Cross Examination, Variation of Costs Order, Case Management Directions
Source Language
en
Civil Procedure Injunctions Costs Case Management Discharge of Injunction Pre Trial Cross Examination Variation of Costs Order Case Management Directions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

LAU WING YAN

1st Plaintiff

SUN MIN

2nd Plaintiff

CHANG DAFA

3rd Plaintiff

PACIFIC BULK SHIPPING (CAYMAN) LIMITED

4th Plaintiff

CHU KONG

1st Defendant

LU ZHONG ZHI

2nd Defendant

HU MU ZHONG

3rd Defendant

JOINT SILVER LIMITED

4th Defendant

CENTRAL SHIPPING COMPANY LIMITED

5th Defendant

Procedural Posture

Civil Injunction Discharge and Related Summonses / Post Hearing Variation Summons (costs) Disposed on Paper by Deputy Judge

Legal Issues

  1. 1 Whether the costs order nisi should be varied to require Mr Chu to pay the costs of the X‑Exam Summons forthwith with certificate for two counsel
  2. 2 Whether pre-trial cross-examination of the plaintiffs' deponents should be ordered or the Discharge Summons adjourned to trial
  3. 3 Whether the plaintiffs' without‑prejudice letter amounted to a settlement/configuration that would justify varying costs

Ratio Decidendi

The Variation Summons was dismissed and costs should follow the event; the plaintiffs failed to show that their without‑prejudice letter would have secured the availability of key witnesses or avoided costs and delay, the X‑Exam dismissal was a justified case management direction to resolve the Discharge Summons at trial with cross‑examination, and therefore the court declined to vary the costs order nisi and ordered the plaintiffs to pay Mr Chu's costs of the Variation Summons forthwith, to be taxed if not agreed.

Court Disposition

Variation Summons dismissed; costs follow the event; plaintiffs ordered to pay Mr Chu's costs of the Variation Summons forthwith, to be taxed if not agreed.

Orders

  • Variation Summons dismissed
  • Costs follow the event