FULL PACIFIC DEVELOPMENT LTD v. WONG SEE YIN AND OTHERS

FULL PACIFIC DEVELOPMENT LTD v. WONG SEE YIN AND OTHERS

The court held the defendants failed to show substantial grounds to dispute the claimed costs; accordingly the plaintiffs' application for summary assessment was allowed, the costs order nisi was varied, and costs were summarily assessed and ordered payable on an indemnity basis forthwith.

Citation
FULL PACIFIC DEVELOPMENT LTD v. WONG SEE YIN AND OTHERS
Parties
Plaintiff: FULL PACIFIC DEVELOPMENT LIMITED; 1st Defendant: WONG SEE YIN; 3rd Defendant: FULLY FORTUNE (ASIA) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2017
Case Number
HCA1801/2010
Procedural Posture
Civil Costs (taxation Appeal and Stay Summons) / Decision on Costs (summary Assessment)
Outcome
Plaintiffs' application allowed; costs to be summarily assessed and payable forthwith on an indemnity basis; costs order nisi varied.
Legal Topics
Summary Assessment, Indemnity Costs, Taxation Appeal, Stay Summons
Source Language
EN
Civil Procedure Costs Civil Justice Reform Summary Assessment Indemnity Costs Taxation Appeal Stay Summons

Case Brief

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Parties

FULL PACIFIC DEVELOPMENT LIMITED

Plaintiff

WONG SEE YIN

1st Defendant

FULLY FORTUNE (ASIA) LIMITED

3rd Defendant

Procedural Posture

Civil Costs (taxation Appeal and Stay Summons) / Decision on Costs (summary Assessment)

Legal Issues

  1. 1 Whether the plaintiffs' application for summary assessment of costs under Order 62 should be allowed
  2. 2 Whether the defendants have shown substantial grounds to dispute the sum claimed so as to require taxation
  3. 3 Whether the costs order nisi should be varied to permit summary assessment on an indemnity basis

Ratio Decidendi

The court held the defendants failed to show substantial grounds to dispute the claimed costs; accordingly the plaintiffs' application for summary assessment was allowed, the costs order nisi was varied, and costs were summarily assessed and ordered payable on an indemnity basis forthwith.

Court Disposition

Plaintiffs' application allowed; costs to be summarily assessed and payable forthwith on an indemnity basis; costs order nisi varied.

Orders

  • Defendants to pay the plaintiffs' costs of the Taxation Appeal and the Stay Summons on an indemnity basis within 14 days as summarily assessed
  • In respect of HCA 167/2011: counsel's fee allowed at HKD196000 and plaintiff's solicitors' costs at HKD66950