COGI ENTERPRISES LTD. AND ANOTHER v. AU YEE MING AND OTHERS

COGI ENTERPRISES LTD. AND ANOTHER v. AU YEE MING AND OTHERS

Plaintiffs are awarded the costs of the interim injunction because defendants conceded the core dispute (save damages) and thus plaintiffs will be successful at trial; further, the 1st defendant's deliberate dishonesty and obfuscation in his affidavits justified ordering costs in favour of the plaintiffs to be taxed on a party and party basis with disbursements.

Citation
COGI ENTERPRISES LTD. AND ANOTHER v. AU YEE MING AND OTHERS
Parties
1st Plaintiff: COGI ENTERPRISES LIMITED; 2nd Plaintiff: CHANG PING KAY; 1st Defendant: AU YEE MING; 2nd Defendant: CHIU YOK YEE; 3rd Defendant: LAU FOOK CHUNG; 4th Defendant: LAM KONG LING; 5th Defendant: CHONG WAI YING; 6th Defendant: YIK YAN SHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 2002
Case Number
HCA488/2002
Procedural Posture
Civil Action Interlocutory Injunction Relating to Property Possession / Interim Injunction Hearing and Costs Determination
Outcome
Order that the 1st and 2nd plaintiffs have their costs of the interim injunction proceedings, to be taxed on a party and party basis, with appropriate disbursements.
Legal Topics
Interim Injunction, Costs in the Cause, Dishonesty in Litigation, Possession
Source Language
EN
Civil Procedure Property Injunctions Costs Interim Injunction Costs in the Cause Dishonesty in Litigation Possession

Case Brief

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Parties

COGI ENTERPRISES LIMITED

1st Plaintiff

CHANG PING KAY

2nd Plaintiff

AU YEE MING

1st Defendant

CHIU YOK YEE

2nd Defendant

LAU FOOK CHUNG

3rd Defendant

LAM KONG LING

4th Defendant

CHONG WAI YING

5th Defendant

YIK YAN SHING

6th Defendant

Procedural Posture

Civil Action Interlocutory Injunction Relating to Property Possession / Interim Injunction Hearing and Costs Determination

Legal Issues

  1. 1 Whether plaintiffs are entitled to costs for the interim injunction proceedings
  2. 2 Whether the usual practice on interlocutory injunction costs should apply or costs in the cause
  3. 3 Whether the 1st defendant's conduct and dishonesty justifies an adverse costs order

Ratio Decidendi

Plaintiffs are awarded the costs of the interim injunction because defendants conceded the core dispute (save damages) and thus plaintiffs will be successful at trial; further, the 1st defendant's deliberate dishonesty and obfuscation in his affidavits justified ordering costs in favour of the plaintiffs to be taxed on a party and party basis with disbursements.

Court Disposition

Order that the 1st and 2nd plaintiffs have their costs of the interim injunction proceedings, to be taxed on a party and party basis, with appropriate disbursements.

Orders

  • 1st and 2nd plaintiffs are awarded costs of the proceedings for the interim injunction.
  • Those costs are to be taxed on a party and party basis together with appropriate disbursements.