LORD ENERGY LTD. v. PAUL CHEN AND ANOTHER

LORD ENERGY LTD. v. PAUL CHEN AND ANOTHER

The Master held that an inquiry ordered by the Court of Final Appeal is, in principle, equivalent to an assessment of damages; because the Plaintiff failed to prove loss, costs follow the event and the nisi costs order is made absolute, with the Plaintiff liable for costs of the application to be taxed if not agreed with a certificate for counsel.

Citation
LORD ENERGY LTD. v. PAUL CHEN AND ANOTHER
Parties
Plaintiff (original Action): Lord Energy Limited; 1st Defendant (original Action): Paul Chen; 2nd Defendant (original Action): Marianna Chen; 1st Plaintiff (counterclaim): Paul Chen; 2nd Plaintiff (counterclaim): Marianna Chen; 1st Defendant (counterclaim): Lord Energy Limited; 2nd Defendant (counterclaim): Simon Siu and Wong (a firm)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 May 2000
Case Number
HCA7124/1991
Procedural Posture
Civil Costs Inquiry Following Appeal and Stay / Costs Hearing and Decision Following Inquiry
Outcome
Nisi costs order made absolute; Plaintiff ordered to bear costs of the application to be taxed if not agreed with certificate for counsel.
Legal Topics
Inquiry as to Loss, Costs Follow the Event, Nisi Order, Assessment of Damages
Source Language
EN
Civil Procedure Costs Appeals Inquiry as to Loss Costs Follow the Event Nisi Order Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Lord Energy Limited

Plaintiff (original Action)

Paul Chen

1st Defendant (original Action)

Marianna Chen

2nd Defendant (original Action)

Paul Chen

1st Plaintiff (counterclaim)

Marianna Chen

2nd Plaintiff (counterclaim)

Lord Energy Limited

1st Defendant (counterclaim)

Simon Siu and Wong (a firm)

2nd Defendant (counterclaim)

Procedural Posture

Civil Costs Inquiry Following Appeal and Stay / Costs Hearing and Decision Following Inquiry

Legal Issues

  1. 1 Whether the costs of the inquiry ordered by the Court of Final Appeal should be borne by the Plaintiff despite the appeal court not specifying costs
  2. 2 Whether an inquiry ordered to determine loss is different in principle from an assessment of damages
  3. 3 Whether costs should follow the event where Plaintiff failed to prove loss

Ratio Decidendi

The Master held that an inquiry ordered by the Court of Final Appeal is, in principle, equivalent to an assessment of damages; because the Plaintiff failed to prove loss, costs follow the event and the nisi costs order is made absolute, with the Plaintiff liable for costs of the application to be taxed if not agreed with a certificate for counsel.

Court Disposition

Nisi costs order made absolute; Plaintiff ordered to bear costs of the application to be taxed if not agreed with certificate for counsel.

Orders

  • The nisi costs order made on 14 March 2000 is made absolute.
  • Costs of the application are to be borne by the Plaintiff, to be taxed if not agreed, with certificate for counsel.