WAN HIN AND COMPANY LIMITED (IN LIQUIDATION) AND ANOTHER v. CHUNG CHUN KEUNG AND OTHERS

WAN HIN AND COMPANY LIMITED (IN LIQUIDATION) AND ANOTHER v. CHUNG CHUN KEUNG AND OTHERS

The 1st Defendant was the overall successful party (successful on 49 of 70 disputed items). The Plaintiffs failed to adduce sufficient evidence to displace the presumption that costs follow the event; the Calderbank offer was not produced with terms so could not affect the decision; wasted costs jurisdiction did not...

Source-derived case information.

Citation
[2024] HKCFI 292
Parties
1st Plaintiff: Wan Hin and Company Limited (in Liquidation); 2nd Plaintiff: Alan Chung Wan Tang and Kan Lap Kee (Joint and Several Liquidators of the 1st Plaintiff); 1st Defendant: Chung Chun Keung (Fung Kit Lin Stella sued as Guardian Ad Litem); 2nd Defendant: Joint Group Investment Limited; 3rd Defendant: Vicfont Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2024
Case Number
HCA64/2020
Procedural Posture
Civil Action Interlocutory Strike Out Summons Concerning Witness Statement / Costs Decision Following Interlocutory Hearing and Rulings on Disputed Witness Statement Paragraphs
Outcome
Plaintiffs ordered to pay the 1st Defendant HK$93,213 forthwith.
Legal Topics
Interlocutory Costs, Striking Out Witness Statement, Wasted Costs Jurisdiction, Calderbank Offers, Summary Assessment of Costs
Source Language
en
Civil Procedure Costs Law Evidence Insolvency Interlocutory Costs Striking Out Witness Statement Wasted Costs Jurisdiction Calderbank Offers +1 more

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Parties

Wan Hin and Company Limited (in Liquidation)

1st Plaintiff

Alan Chung Wan Tang and Kan Lap Kee (Joint and Several Liquidators of the 1st Plaintiff)

2nd Plaintiff

Chung Chun Keung (Fung Kit Lin Stella sued as Guardian Ad Litem)

1st Defendant

Joint Group Investment Limited

2nd Defendant

Vicfont Company Limited

3rd Defendant

Procedural Posture

Civil Action Interlocutory Strike Out Summons Concerning Witness Statement / Costs Decision Following Interlocutory Hearing and Rulings on Disputed Witness Statement Paragraphs

Legal Issues

  1. 1 Who was the successful party on the strike out summons
  2. 2 Whether costs should follow the event or another order be made under O 62 r 3(2A)
  3. 3 Whether Plaintiffs' Calderbank offer affects costs

Ratio Decidendi

The 1st Defendant was the overall successful party (successful on 49 of 70 disputed items). The Plaintiffs failed to adduce sufficient evidence to displace the presumption that costs follow the event; the Calderbank offer was not produced with terms so could not affect the decision; wasted costs jurisdiction did not apply. After excluding unused photocopy charges and adopting a broad brush summary assessment, the Plaintiffs were ordered to pay the 1st Defendant HK$93,213 forthwith.

Court Disposition

Plaintiffs ordered to pay the 1st Defendant HK$93,213 forthwith.

Orders

  • The Plaintiffs pay to the 1st Defendant HK$93,213 forthwith.