PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

Third defendant's conduct demonstrated disregard for procedure and due process (failure to research, tactical timing to introduce fresh evidence, incorrect forum) and thus indemnity costs were appropriate; costs of the originating summons and withdrawal summons are to be taxed on an indemnity basis and, if practicable, taxed concurrently with taxation of the related Court of Appeal proceedings (HCMP1285/2015).

Citation
PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS
Parties
1st Plaintiff (1st Respondent): PACIFIC HARBOR ADVISORS PTE LTD; 2nd Plaintiff (2nd Respondent): PACIFIC HARBOR SPECIAL HOLDINGS LIMITED; 1st Defendant: WINSON FEDERAL LIMITED; 2nd Defendant: FREDERICK KAN KA CHONG (in his capacity as the executor of the Estate of Cho Yuk Kei Carlos); 3rd Defendant (applicant): CHO WOON MING VINCENT; 4th Defendant: INTERNATIONAL HOTELIERS & ASSOCIATES LIMITED; 5th Defendant: UP SPEED INVESTMENTS LIMITED; 6th Defendant: RANMARK INVESTMENTS LIMITED; 7th Defendant: FURAMA (SHENYANG) COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2015
Case Number
HCMP1149/2015
Procedural Posture
Miscellaneous Proceedings (application for Leave to Appeal Out of Time; Costs) / Decision on Costs (court of First Instance in Chambers)
Outcome
Third defendant ordered to pay plaintiffs' costs of the originating summons (12 May 2015) and the withdrawal summons (26 May 2015) on an indemnity basis; costs to be taxed.
Legal Topics
Indemnity Costs, Leave to Appeal Out of Time, Locus Standi to Appeal, Taxation of Costs, Withdrawal of Summons
Source Language
EN
Civil Procedure Costs Appeal Judgment Enforcement Receivership Indemnity Costs Leave to Appeal Out of Time Locus Standi to Appeal +2 more

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Parties

PACIFIC HARBOR ADVISORS PTE LTD

1st Plaintiff (1st Respondent)

PACIFIC HARBOR SPECIAL HOLDINGS LIMITED

2nd Plaintiff (2nd Respondent)

WINSON FEDERAL LIMITED

1st Defendant

FREDERICK KAN KA CHONG (in his capacity as the executor of the Estate of Cho Yuk Kei Carlos)

2nd Defendant

CHO WOON MING VINCENT

3rd Defendant (applicant)

INTERNATIONAL HOTELIERS & ASSOCIATES LIMITED

4th Defendant

UP SPEED INVESTMENTS LIMITED

5th Defendant

RANMARK INVESTMENTS LIMITED

6th Defendant

FURAMA (SHENYANG) COMPANY LIMITED

7th Defendant

Procedural Posture

Miscellaneous Proceedings (application for Leave to Appeal Out of Time; Costs) / Decision on Costs (court of First Instance in Chambers)

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis
  2. 2 Whether the court below had power to extend time for appeal
  3. 3 Whether the third defendant had locus standi to appeal

Ratio Decidendi

Third defendant's conduct demonstrated disregard for procedure and due process (failure to research, tactical timing to introduce fresh evidence, incorrect forum) and thus indemnity costs were appropriate; costs of the originating summons and withdrawal summons are to be taxed on an indemnity basis and, if practicable, taxed concurrently with taxation of the related Court of Appeal proceedings (HCMP1285/2015).

Court Disposition

Third defendant ordered to pay plaintiffs' costs of the originating summons (12 May 2015) and the withdrawal summons (26 May 2015) on an indemnity basis; costs to be taxed.

Orders

  • Third defendant to pay plaintiffs the costs of the originating summons issued 12 May 2015 and the summons issued 26 May 2015 including the hearing on 19 August 2015, with certificate for counsel
  • Such costs shall be taxed on an indemnity basis