WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD

WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD

Given opposing reprehensible conduct and fabricated evidence by both sides in HCA1957/2005 the court exercised its discretion under Order 62 r5(2) to make no order as to costs between the parties; indemnity costs were awarded in HCA714/2007 because BIC knowingly advanced an invented dressing-up defence amounting to an affront to the court; indemnity costs were refused in HCA886/2007 where no special features justified them; an order for personal liability of Mr Lee was refused both for procedural failure to join him under Order 62 r6A(1) and because the court could not determine substantive facts (procurement, control, funding) without joining and hearing him; set-off of costs against an...

Citation
WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD
Parties
Plaintiff (hca1957/2005; Hca886/2007), Defendant (hca714/2007; Hca1364/2008): Big Island Construction (HK) Limited; 1st Defendant (hca1957/2005); Plaintiff (hca714/2007): Wu Yi Development Company Limited; 2nd Defendant (hca1957/2005): Wu Yi Construction Company Limited; Defendant (hca886/2007): Wu Yi Enterprises Company Limited; Plaintiff (hca1364/2008): FBC Construction Company Limited; Non Party/applicant for Costs in Hca1364/2008: Mr Lee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 May 2012
Case Number
HCA714/2007
Procedural Posture
Civil Consolidated Actions Costs Applications After Trial / Decision on Costs (post Judgment Variation Applications)
Outcome
Costs orders nisi varied and made absolute as specified: no order as to costs in HCA1957/2005; indemnity costs awarded to WYD against BIC in HCA714/2007; costs order in HCA886/2007 made absolute (party and party); WYC to pay Mr Lee costs in HCA1364/2008; applications for indemnity costs in HCA1957/2005 and...
Legal Topics
Indemnity Costs, Non Party Costs Orders, Set Off of Costs, Fabrication of Evidence, Costs Apportionment
Source Language
EN
Civil Procedure Costs Contract Evidence Indemnity Costs Non Party Costs Orders Set Off of Costs Fabrication of Evidence +1 more

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Parties

Big Island Construction (HK) Limited

Plaintiff (hca1957/2005; Hca886/2007), Defendant (hca714/2007; Hca1364/2008)

Wu Yi Development Company Limited

1st Defendant (hca1957/2005); Plaintiff (hca714/2007)

Wu Yi Construction Company Limited

2nd Defendant (hca1957/2005)

Wu Yi Enterprises Company Limited

Defendant (hca886/2007)

FBC Construction Company Limited

Plaintiff (hca1364/2008)

Mr Lee

Non Party/applicant for Costs in Hca1364/2008

Procedural Posture

Civil Consolidated Actions Costs Applications After Trial / Decision on Costs (post Judgment Variation Applications)

Legal Issues

  1. 1 Whether to vary the costs orders nisi in four consolidated actions
  2. 2 Whether indemnity costs should be awarded in HCA714/2007 and HCA886/2007
  3. 3 Whether Mr Lee, a non-party, should be ordered personally liable for costs under s52A(2) HCO

Ratio Decidendi

Given opposing reprehensible conduct and fabricated evidence by both sides in HCA1957/2005 the court exercised its discretion under Order 62 r5(2) to make no order as to costs between the parties; indemnity costs were awarded in HCA714/2007 because BIC knowingly advanced an invented dressing-up defence amounting to an affront to the court; indemnity costs were refused in HCA886/2007 where no special features justified them; an order for personal liability of Mr Lee was refused both for procedural failure to join him under Order 62 r6A(1) and because the court could not determine substantive facts (procurement, control, funding) without joining and hearing him; set-off of costs against an...

Court Disposition

Costs orders nisi varied and made absolute as specified: no order as to costs in HCA1957/2005; indemnity costs awarded to WYD against BIC in HCA714/2007; costs order in HCA886/2007 made absolute (party and party); WYC to pay Mr Lee costs in HCA1364/2008; applications for indemnity costs in HCA1957/2005 and...

Orders

  • No order as to costs between the parties in HCA1957/2005 (costs order nisi varied and made absolute)
  • Costs payable by BIC in HCA714/2007 to be taxed on an indemnity basis if not agreed (costs order nisi varied and made absolute)