ORIENTAL PRESS GROUP LTD AND OTHERS v. FEVAWORKS SOLUTIONS LTD t/a ALIVE! MEDIA AND COMMUNICATIONS AND ANOTHER

ORIENTAL PRESS GROUP LTD AND OTHERS v. FEVAWORKS SOLUTIONS LTD t/a ALIVE! MEDIA AND COMMUNICATIONS AND ANOTHER

The actions were to be treated as one action for costs from the consolidation order of 23 November 2009; although plaintiffs obtained judgment only on the Mar 2007 publication and defendants succeeded on other publications by establishing innocent dissemination, both sides had substantive successes; accordingly the...

Source-derived case information.

Citation
ORIENTAL PRESS GROUP LTD AND OTHERS v. FEVAWORKS SOLUTIONS LTD t/a ALIVE! MEDIA AND COMMUNICATIONS AND ANOTHER
Parties
1st Plaintiff: ORIENTAL PRESS GROUP LIMITED; 2nd Plaintiff: ORIENTAL DAILY PUBLISHER LIMITED; 3rd Plaintiff: THE SUN NEWS PUBLISHER LIMITED; 4th Plaintiff: MA CHING KWAN; 1st Defendant: FEVAWORKS SOLUTIONS LIMITED trading as ALIVE! MEDIA AND COMMUNICATIONS; 2nd Defendant: ALIVE! MEDIA & COMMUNICATIONS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2011
Case Number
HCA597/2009
Procedural Posture
Defamation (consolidated Actions) / Decision on Costs After Trial and Judgment
Outcome
Defendants ordered to pay one third of the costs of the consolidated actions incurred on and after 23 November 2009; parties to bear their own costs incurred before 23 November 2009.
Legal Topics
Innocent Dissemination, Costs Orders, Mediation Refusal, Sanctioned Payments, Taxation of Costs
Source Language
en
Defamation Civil Procedure Costs Consolidation Internet Law Innocent Dissemination Costs Orders Mediation Refusal +2 more

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Parties

ORIENTAL PRESS GROUP LIMITED

1st Plaintiff

ORIENTAL DAILY PUBLISHER LIMITED

2nd Plaintiff

THE SUN NEWS PUBLISHER LIMITED

3rd Plaintiff

MA CHING KWAN

4th Plaintiff

FEVAWORKS SOLUTIONS LIMITED trading as ALIVE! MEDIA AND COMMUNICATIONS

1st Defendant

ALIVE! MEDIA & COMMUNICATIONS LIMITED

2nd Defendant

Procedural Posture

Defamation (consolidated Actions) / Decision on Costs After Trial and Judgment

Legal Issues

  1. 1 Whether the two actions should be treated as one action for costs
  2. 2 Whether plaintiffs are prima facie entitled to costs under RHC Ord.62 r.3(2)
  3. 3 Whether special matters under RHC Ord.62 r.5 justify displacing the usual costs order

Ratio Decidendi

The actions were to be treated as one action for costs from the consolidation order of 23 November 2009; although plaintiffs obtained judgment only on the Mar 2007 publication and defendants succeeded on other publications by establishing innocent dissemination, both sides had substantive successes; accordingly the fair costs order is that defendants pay one third of the costs of the actions incurred on and after 23 November 2009, and the parties bear their own costs incurred before that date.

Court Disposition

Defendants ordered to pay one third of the costs of the consolidated actions incurred on and after 23 November 2009; parties to bear their own costs incurred before 23 November 2009.

Orders

  • Defendants to pay one third of the costs of the actions incurred on and after 23 November 2009.
  • Parties to bear their own costs of the actions incurred before 23 November 2009.