SIMPLY POWER LTD v. BILLY CHUA AND OTHERS

SIMPLY POWER LTD v. BILLY CHUA AND OTHERS

The Plaintiff's fraudulent misrepresentation claim against the Midland Parties and the 3rd Defendant failed and was improperly and unnecessarily pursued, causing a significant increase in costs; accordingly costs follow the event but the Plaintiff is deprived of part of its costs and ordered to bear the Midland Parties' and most of the 3rd Defendant's costs; certificates for two counsel only are appropriate; indemnity from the 3rd Defendant to the Plaintiff for costs payable to the Midland Parties is refused.

Citation
[2023] HKCFI 1685
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Simply Power Limited; 1st Defendant (original Action): Billy Chua; 2nd Defendant (original Action); 3rd Defendant (counterclaim) (discontinued): Midland IC & I Limited; 3rd Defendant (original Action); Plaintiff (counterclaim): Mega Profit Hong Kong Group Limited; 4th Defendant (original Action); 4th Defendant (counterclaim): Midland Realty (Comm & Ind) Limited; 5th Defendant (original Action); 5th Defendant (counterclaim): Metro Winner Limited; 2nd Defendant (counterclaim): Billy Chua also known as Chua Shui Yeung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2023
Case Number
HCA2452/2013
Procedural Posture
Civil Action Following Trial / Post Trial Costs Decision
Outcome
Costs orders made against the Plaintiff and apportionment between Plaintiff and 3rd Defendant; certificates for two counsel only
Legal Topics
Fraudulent Misrepresentation, Forfeiture of Deposit, Penalty Clause, Costs Apportionment, Certificate for Counsel
Source Language
EN
Contract Tort Costs Civil Procedure Equity Fraudulent Misrepresentation Forfeiture of Deposit Penalty Clause +2 more

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Parties

Simply Power Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

Billy Chua

1st Defendant (original Action)

Midland IC & I Limited

2nd Defendant (original Action); 3rd Defendant (counterclaim) (discontinued)

Mega Profit Hong Kong Group Limited

3rd Defendant (original Action); Plaintiff (counterclaim)

Midland Realty (Comm & Ind) Limited

4th Defendant (original Action); 4th Defendant (counterclaim)

Metro Winner Limited

5th Defendant (original Action); 5th Defendant (counterclaim)

Billy Chua also known as Chua Shui Yeung

2nd Defendant (counterclaim)

Procedural Posture

Civil Action Following Trial / Post Trial Costs Decision

Legal Issues

  1. 1 Whether the Plaintiff proved fraudulent misrepresentation by the Midland Parties or 3rd Defendant
  2. 2 Whether the 20% deposits forfeited by the 3rd Defendant were a penalty or unjustified and required return
  3. 3 Whether the Midland Parties and/or the 3rd Defendant are entitled to costs and in what proportions

Ratio Decidendi

The Plaintiff's fraudulent misrepresentation claim against the Midland Parties and the 3rd Defendant failed and was improperly and unnecessarily pursued, causing a significant increase in costs; accordingly costs follow the event but the Plaintiff is deprived of part of its costs and ordered to bear the Midland Parties' and most of the 3rd Defendant's costs; certificates for two counsel only are appropriate; indemnity from the 3rd Defendant to the Plaintiff for costs payable to the Midland Parties is refused.

Court Disposition

Costs orders made against the Plaintiff and apportionment between Plaintiff and 3rd Defendant; certificates for two counsel only

Orders

  • Costs of the Midland Parties in the Action to be borne by the Plaintiff, to be taxed if not agreed and paid forthwith; certificate for 2 Counsel
  • Costs of and incidental to the 4th Defendant’s Counterclaim to be borne by the Plaintiff, to be taxed if not agreed and paid forthwith; certificate for 2 Counsel