MASON GROUP HOLDINGS LTD (formerly known as MASON FINANCIAL HOLDINGS LTD) AND ANOTHER v. TAM JOSEPH WING ON AND OTHERS

MASON GROUP HOLDINGS LTD (formerly known as MASON FINANCIAL HOLDINGS LTD) AND ANOTHER v. TAM JOSEPH WING ON AND OTHERS

Indemnity costs were not justified for the whole of Hau’s costs because there was insufficient evidence of mala fides or an ulterior motive by Ps; however the plaintiffs’ late introduction of a substantial 2nd Draft and inaccurate identification of amendments caused unjustified prejudice and extra work to Hau....

Source-derived case information.

Citation
[2024] HKCFI 1909
Parties
1st Plaintiff: MASON GROUP HOLDINGS LIMITED (formerly known as MASON FINANCIAL HOLDINGS LIMITED); 2nd Plaintiff: FULL JOYOUS INTERNATIONAL LIMITED; 1st Defendant: TAM JOSEPH WING ON (譚榮安); 2nd Defendant: CHAN WING KEI (陳永基) also known as CHAPMAN CHAN; 3rd Defendant: LEUNG CHUN KEUNG (梁振強) also known as TERENCE LEUNG; 4th Defendant: HAU KWOK PO (侯國寶) also known as DESMOND HAU; 5th Defendant: VICTORIA FORTRESS INVESTMENTS LIMITED; 6th Defendant: RUBY SUCCESS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2024
Case Number
HCA1114/2021
Procedural Posture
Civil Action — Striking Out and Costs Variation / Variation of Costs Order Nisi (post Decision)
Outcome
Costs order nisi varied in part in favour of the 4th Defendant
Legal Topics
Indemnity Costs, Striking Out, Amendment of Statement of Claim, Litigation Conduct, Costs Order Nisi
Source Language
en
Civil Procedure Costs Litigation Company Law (peripheral) Indemnity Costs Striking Out Amendment of Statement of Claim Litigation Conduct Costs Order Nisi

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MASON GROUP HOLDINGS LIMITED (formerly known as MASON FINANCIAL HOLDINGS LIMITED)

1st Plaintiff

FULL JOYOUS INTERNATIONAL LIMITED

2nd Plaintiff

TAM JOSEPH WING ON (譚榮安)

1st Defendant

CHAN WING KEI (陳永基) also known as CHAPMAN CHAN

2nd Defendant

LEUNG CHUN KEUNG (梁振強) also known as TERENCE LEUNG

3rd Defendant

HAU KWOK PO (侯國寶) also known as DESMOND HAU

4th Defendant

VICTORIA FORTRESS INVESTMENTS LIMITED

5th Defendant

RUBY SUCCESS LIMITED

6th Defendant

Procedural Posture

Civil Action — Striking Out and Costs Variation / Variation of Costs Order Nisi (post Decision)

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the 4th Defendant
  2. 2 Whether plaintiffs' late substantial amendments and inaccurate draft identification justify indemnity costs
  3. 3 Proper scope and period for indemnity costs when some conduct caused prejudice and extra work

Ratio Decidendi

Indemnity costs were not justified for the whole of Hau’s costs because there was insufficient evidence of mala fides or an ulterior motive by Ps; however the plaintiffs’ late introduction of a substantial 2nd Draft and inaccurate identification of amendments caused unjustified prejudice and extra work to Hau. Accordingly the costs order nisi is varied: costs generally to be party‑and‑party, but the costs incurred by Hau from service of the 2nd Draft to commencement of the Hearing to be taxed on an indemnity basis. Part of the costs of the variation application is to be paid by Hau and the remaining part to be paid by Ps and set off against amounts Hau must pay to Ps, all to be taxed if...

Court Disposition

Costs order nisi varied in part in favour of the 4th Defendant

Orders

  • Hau’s costs of this action, including his summons filed on 28 September 2022 and Ps’ summons filed on 16 December 2022 and all costs reserved, be paid by Ps to be taxed on party and party basis, save that the costs incurred by Hau from the time Hau was served with the 2nd Draft proposed Amended Statement of Claim to...
  • Hau to pay Ps’ costs of and occasioned by Hau’s amendment of his submissions and Ps’ costs thrown away by the said withdrawals and amendments (ordered by consent at directions hearing).