WONG EDWARD SING v. NG YAM BO AND OTHERS

WONG EDWARD SING v. NG YAM BO AND OTHERS

The applicants failed to demonstrate that the withdrawal was for reasons other than an acknowledgement of defeat or likely defeat and failed to show they would likely have succeeded if the injunction proceeded; therefore the court applied the general rule ordering the costs of the withdrawn injunction summons to be paid by the 1st, 2nd and 3rd defendants to the Registered Owners and awarded costs on a party-and-party basis, not indemnity.

Citation
[2024] HKDC 1621
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): WONG EDWARD SING; 1st Defendant (original Action); 1st Plaintiff (counterclaim): NG YAM BO; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): NG KAM KEI; 3rd Defendant (original Action); 3rd Plaintiff (counterclaim): FUNG MEI HING; 4th Defendant (original Action): ALL OCCUPIERS OF SECTION A OF LOT NO.1322 IN DEMARCATION DISTRICT NO.52, NORTH, NEW TERRITORIES, HONG KONG; 2nd Defendant (counterclaim): WONG YAU KUEN (personal representative of WONG TAT (or TA) TO (or TAO), deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 November 2024
Case Number
DCMP2194/2020
Procedural Posture
Injunction Application Under Order 113 in District Court Miscellaneous Proceedings Relating to Land Resumption Compensation / Costs Determination Following Withdrawal of Interlocutory Injunction Summons
Outcome
Costs of and occasioned by the Injunction Summons to be paid by the 1st, 2nd and 3rd defendants (by original action) to the Registered Owners; costs to be taxed if not agreed; costs awarded on a party-and-party basis; timeline ordered for summary bills and objections; assessment by paper disposal.
Legal Topics
Interim Injunction, Withdrawal of Application, Costs Orders, Lis Pendens, Resumption Compensation
Source Language
EN
Civil Procedure Property Law Land Resumption Injunctions Costs Interim Injunction Withdrawal of Application Costs Orders +2 more

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Parties

WONG EDWARD SING

Plaintiff (original Action); 1st Defendant (counterclaim)

NG YAM BO

1st Defendant (original Action); 1st Plaintiff (counterclaim)

NG KAM KEI

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

FUNG MEI HING

3rd Defendant (original Action); 3rd Plaintiff (counterclaim)

ALL OCCUPIERS OF SECTION A OF LOT NO.1322 IN DEMARCATION DISTRICT NO.52, NORTH, NEW TERRITORIES, HONG KONG

4th Defendant (original Action)

WONG YAU KUEN (personal representative of WONG TAT (or TA) TO (or TAO), deceased)

2nd Defendant (counterclaim)

Procedural Posture

Injunction Application Under Order 113 in District Court Miscellaneous Proceedings Relating to Land Resumption Compensation / Costs Determination Following Withdrawal of Interlocutory Injunction Summons

Legal Issues

  1. 1 Whether to depart from the general rule that a party discontinuing a claim must pay the other party's costs
  2. 2 Whether the withdrawal of the injunction summons amounted to an acknowledgement of defeat or likely defeat
  3. 3 Whether costs should be awarded on a party-and-party basis or on an indemnity basis

Ratio Decidendi

The applicants failed to demonstrate that the withdrawal was for reasons other than an acknowledgement of defeat or likely defeat and failed to show they would likely have succeeded if the injunction proceeded; therefore the court applied the general rule ordering the costs of the withdrawn injunction summons to be paid by the 1st, 2nd and 3rd defendants to the Registered Owners and awarded costs on a party-and-party basis, not indemnity.

Court Disposition

Costs of and occasioned by the Injunction Summons to be paid by the 1st, 2nd and 3rd defendants (by original action) to the Registered Owners; costs to be taxed if not agreed; costs awarded on a party-and-party basis; timeline ordered for summary bills and objections; assessment by paper disposal.

Orders

  • Costs of and occasioned by the Injunction Summons to be paid by the 1st, 2nd and 3rd defendants (by original action) to the Registered Owners, to be taxed if not agreed, with respective certificate for counsel granted.
  • Costs to be taxed on a party-and-party basis; indemnity costs refused.