HONNIN DEVELOPMENT LTD. v. HO MING AND ANOTHER

HONNIN DEVELOPMENT LTD. v. HO MING AND ANOTHER

Section 14(3)(e) of the High Court Ordinance does not require leave to appeal from a master to a judge in chambers; the master’s costs order will only be disturbed for demonstrable error in exercise of discretion; the master erred in finding the defendants were prejudiced by the late amendment and in ordering costs against the successful plaintiff; the costs order below is set aside and replaced with no order as to costs for the summary judgment proceedings, and the plaintiff is awarded the costs of the appeals.

Citation
HONNIN DEVELOPMENT LTD. v. HO MING AND ANOTHER
Parties
Plaintiff: HONNIN DEVELOPMENT LIMITED; Defendant: HO MING; Defendant: SZE TO WAI LING; Defendant: KWAN FUNG KAM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2000
Case Number
HCA16376/1999
Procedural Posture
Civil Property Dispute Arising From Sale and Purchase Agreements / Appeal From Master's Costs Order to Judge in Chambers (costs Appeal)
Outcome
Appeal allowed in part; master's costs order set aside and substituted; no order as to costs for the summary judgment proceedings below; plaintiff awarded costs of the appeals (order nisi).
Legal Topics
Summary Judgment, Costs Against Successful Party, Leave to Appeal, Declaratory Relief, Rescission, Possession
Source Language
EN
Civil Procedure Property Law Contract Law Equity Costs Summary Judgment Costs Against Successful Party Leave to Appeal +3 more

Case Brief

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Parties

HONNIN DEVELOPMENT LIMITED

Plaintiff

HO MING

Defendant

SZE TO WAI LING

Defendant

KWAN FUNG KAM

Defendant

Procedural Posture

Civil Property Dispute Arising From Sale and Purchase Agreements / Appeal From Master's Costs Order to Judge in Chambers (costs Appeal)

Legal Issues

  1. 1 Whether leave was required to appeal a master's costs order to a judge in chambers under section 14(3)(e) High Court Ordinance
  2. 2 Whether the master demonstrably erred in ordering costs against the successful plaintiff
  3. 3 Whether the late amendment to the Order 14 summons justified ordering costs against the plaintiff

Ratio Decidendi

Section 14(3)(e) of the High Court Ordinance does not require leave to appeal from a master to a judge in chambers; the master’s costs order will only be disturbed for demonstrable error in exercise of discretion; the master erred in finding the defendants were prejudiced by the late amendment and in ordering costs against the successful plaintiff; the costs order below is set aside and replaced with no order as to costs for the summary judgment proceedings, and the plaintiff is awarded the costs of the appeals.

Court Disposition

Appeal allowed in part; master's costs order set aside and substituted; no order as to costs for the summary judgment proceedings below; plaintiff awarded costs of the appeals (order nisi).

Orders

  • Set aside the learned master\'s costs order
  • There shall be no order as to costs for the summary judgment proceedings below in both actions