CHOW CHUI CHUI AND OTHERS v. KAFULL INTERNATIONAL LTD AND OTHERS

CHOW CHUI CHUI AND OTHERS v. KAFULL INTERNATIONAL LTD AND OTHERS

Indemnity costs were not justified. The Former MC's conduct did not meet the threshold of special, scandalous, vexatious or malicious conduct required for indemnity costs. Costs were ordered for the successful Substituting MC and the Applicant in the 108 summons on a party and party basis, taxed at District Court scale if not agreed.

Citation
CHOW CHUI CHUI AND OTHERS v. KAFULL INTERNATIONAL LTD AND OTHERS
Parties
1st Applicant (ldbm 299/2012); 1st Respondent (ldbm 108/2013): CHOW CHUI CHUI; 2nd Applicant (ldbm 299/2012); 2nd Respondent (ldbm 108/2013): LAM KAM CHUNG; 3rd Applicant (ldbm 299/2012); 3rd Respondent (ldbm 108/2013): CHU CHIT YAN; 4th Applicant (ldbm 299/2012); 4th Respondent (ldbm 108/2013): LEUNG CHUNG CHIU; 5th Applicant (ldbm 299/2012); 6th Respondent (ldbm 108/2013): CHAN HING CHUN; 6th Applicant (ldbm 299/2012); 7th Respondent (ldbm 108/2013): HO WAN FUN; 7th Applicant (ldbm 299/2012); Applicant (ldbm 108/2013): THE INCORPORATED OWNERS OF KA WING BUILDING; 1st Respondent (ldbm 299/2012): KAFULL INTERNATIONAL LIMITED; 2nd Respondent (ldbm 299/2012): CHAN SING HO; 3rd Respondent (ldbm 299/2012): FIRM HOME PROPERTIES LIMITED; 4th Respondent (ldbm 299/2012) (discontinued): AU NGO SUET; 5th Respondent (ldbm 299/2012): CHAINWILL INVESTMENT LIMITED; 6th Respondent (ldbm 299/2012): POLITFORD INVESTMENTS LIMITED; 5th Respondent (ldbm 108/2013) (acting in Person): LAU CHOR SANR
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
4 September 2014
Case Number
LDBM299/2012
Procedural Posture
Building Management Applications in the Lands Tribunal (ldbm 299/2012 and LDBM 108/2013) / Ruling on Costs Following Disposition of Interlocutory Summonses (decision 4 September 2014)
Outcome
Summons to strike out withdrawn and joinder granted; indemnity costs refused; costs awarded on party and party basis to Substituting MC for the 299 summonses and to Applicant for the 108 summons.
Legal Topics
Indemnity Costs, Party and Party Costs, Joinder of Parties, Strike Out, Abuse of Process
Source Language
EN
Building Management Civil Procedure Costs Law Indemnity Costs Party and Party Costs Joinder of Parties Strike Out Abuse of Process

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Parties

CHOW CHUI CHUI

1st Applicant (ldbm 299/2012); 1st Respondent (ldbm 108/2013)

LAM KAM CHUNG

2nd Applicant (ldbm 299/2012); 2nd Respondent (ldbm 108/2013)

CHU CHIT YAN

3rd Applicant (ldbm 299/2012); 3rd Respondent (ldbm 108/2013)

LEUNG CHUNG CHIU

4th Applicant (ldbm 299/2012); 4th Respondent (ldbm 108/2013)

CHAN HING CHUN

5th Applicant (ldbm 299/2012); 6th Respondent (ldbm 108/2013)

HO WAN FUN

6th Applicant (ldbm 299/2012); 7th Respondent (ldbm 108/2013)

THE INCORPORATED OWNERS OF KA WING BUILDING

7th Applicant (ldbm 299/2012); Applicant (ldbm 108/2013)

KAFULL INTERNATIONAL LIMITED

1st Respondent (ldbm 299/2012)

CHAN SING HO

2nd Respondent (ldbm 299/2012)

FIRM HOME PROPERTIES LIMITED

3rd Respondent (ldbm 299/2012)

AU NGO SUET

4th Respondent (ldbm 299/2012) (discontinued)

CHAINWILL INVESTMENT LIMITED

5th Respondent (ldbm 299/2012)

POLITFORD INVESTMENTS LIMITED

6th Respondent (ldbm 299/2012)

LAU CHOR SANR

5th Respondent (ldbm 108/2013) (acting in Person)

Procedural Posture

Building Management Applications in the Lands Tribunal (ldbm 299/2012 and LDBM 108/2013) / Ruling on Costs Following Disposition of Interlocutory Summonses (decision 4 September 2014)

Legal Issues

  1. 1 Whether costs should be awarded for the interlocutory summonses
  2. 2 Whether costs should be awarded on an indemnity basis
  3. 3 Whether summons to strike out should be permitted to be withdrawn and joinder ordered

Ratio Decidendi

Indemnity costs were not justified. The Former MC's conduct did not meet the threshold of special, scandalous, vexatious or malicious conduct required for indemnity costs. Costs were ordered for the successful Substituting MC and the Applicant in the 108 summons on a party and party basis, taxed at District Court scale if not agreed.

Court Disposition

Summons to strike out withdrawn and joinder granted; indemnity costs refused; costs awarded on party and party basis to Substituting MC for the 299 summonses and to Applicant for the 108 summons.

Orders

  • LDBM 299/2012 - Striking Out Summons: costs be to the Substituting MC, to be taxed on District Court scale on party and party basis if not agreed.
  • LDBM 299/2012 - Joinder Summons: costs of, wasted and thrown away, and occasioned by it be to the Substituting MC, to be taxed at District Court scale on party and party basis if not agreed.