AXA CHINA REGION INSURANCE CO. LTD. AND OTHERS v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS

AXA CHINA REGION INSURANCE CO. LTD. AND OTHERS v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS

Because PCI sought an unsuccessful stay, served late and materially changed its case at short notice causing adjournment and wasted costs, the court exercised its discretion to award costs to the Plaintiffs, ordered indemnity costs for the adjournment hearing on 6 September 2001, and ordered PCI to pay the...

Source-derived case information.

Citation
AXA CHINA REGION INSURANCE CO. LTD. AND OTHERS v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS
Parties
1st Plaintiff: AXA CHINA REGION INSURANCE COMPANY LIMITED (formerly known as National Mutual Insurance Company Limited and Sentry Insurance Company Limited); 2nd Plaintiff: AXA CHINA REGION INSURANCE COMPANY (BERMUDA) LIMITED (formerly known as National Mutual Insurance Company (Bermuda) Limited); 1st Defendant: PACIFIC CENTURY INSURANCE COMPANY LIMITED; 2nd Defendant: NG WING KEUNG, PAUL; 3rd Defendant: CHAN CHI KIN, JOHNNY; 4th Defendant: LAI HEUNG WING, DICKY; 5th Defendant: LAU KAI MING, RAYMOND; 6th Defendant: CHUNG KA FONG, JESSICA; 7th Defendant: CHAN CHI KEUNG, JIMMY; 8th Defendant: WOO PAK FAI, ANTHONY; 9th Defendant: CHIU HARK WAN, JAY; 10th Defendant: GOT WAI LING, JIMMY; 11th Defendant: CHAN SHUI LAN, ANITA; 12th Defendant: CHAN KA YI, CAROL; 13th Defendant: LAU SHUK HAN; 14th Defendant: CHAN WAI LING, STELLA; 15th Defendant: CHOY KIN LUN, ALAN; 16th Defendant: CHAN YICK CHEUNG, FRANCIS; 17th Defendant: KONG MIU YEE; 18th Defendant: LUNG SIU LING, ANITA; 19th Defendant: CHU HAK NAM, KENNETH; 20th Defendant: BISWAKARMA TILBAHADUR; 21st Defendant: MO YUET YI, ANDREA; 22nd Defendant: LAU MEI YUK, MAY; 23rd Defendant: CHEUNG KAM FAI, SHINE; 24th Defendant: LIU HING LUNG, DANIEL; 25th Defendant: POON YUEN KAN; 26th Defendant: LEE LUNG CHEUNG, DEREK; 27th Defendant: LEUNG MEI LING, PHYLLIS; 28th Defendant: LAU LUEN HAN, CANDY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2002
Case Number
HCA9093/2000
Procedural Posture
Interlocutory Application (stay Pending Appeal, Clarification of Injunction, and Costs) / Decision on Costs and Outstanding Interlocutory Matters (post Hearing, Interlocutory Stage)
Outcome
Costs awarded to the Plaintiffs. PCI to pay Plaintiffs' costs of its summons dated 7 August 2001 (including listed hearings) to the Plaintiffs in any event; costs of 6 September 2001 to be taxed on an indemnity basis; Plaintiffs entitled to 75% of costs of 6–8 November 2001; costs of Plaintiffs' application and...
Legal Topics
Interlocutory Injunction, Stay Pending Appeal, Costs Allocation, Indemnity Costs, Disclosure/compliance
Source Language
en
Civil Procedure Injunctions Costs Interlocutory Injunction Stay Pending Appeal Costs Allocation Indemnity Costs Disclosure/compliance

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Parties

AXA CHINA REGION INSURANCE COMPANY LIMITED (formerly known as National Mutual Insurance Company Limited and Sentry Insurance Company Limited)

1st Plaintiff

AXA CHINA REGION INSURANCE COMPANY (BERMUDA) LIMITED (formerly known as National Mutual Insurance Company (Bermuda) Limited)

2nd Plaintiff

PACIFIC CENTURY INSURANCE COMPANY LIMITED

1st Defendant

NG WING KEUNG, PAUL

2nd Defendant

CHAN CHI KIN, JOHNNY

3rd Defendant

LAI HEUNG WING, DICKY

4th Defendant

LAU KAI MING, RAYMOND

5th Defendant

CHUNG KA FONG, JESSICA

6th Defendant

CHAN CHI KEUNG, JIMMY

7th Defendant

WOO PAK FAI, ANTHONY

8th Defendant

CHIU HARK WAN, JAY

9th Defendant

GOT WAI LING, JIMMY

10th Defendant

CHAN SHUI LAN, ANITA

11th Defendant

CHAN KA YI, CAROL

12th Defendant

LAU SHUK HAN

13th Defendant

CHAN WAI LING, STELLA

14th Defendant

CHOY KIN LUN, ALAN

15th Defendant

CHAN YICK CHEUNG, FRANCIS

16th Defendant

KONG MIU YEE

17th Defendant

LUNG SIU LING, ANITA

18th Defendant

CHU HAK NAM, KENNETH

19th Defendant

BISWAKARMA TILBAHADUR

20th Defendant

MO YUET YI, ANDREA

21st Defendant

LAU MEI YUK, MAY

22nd Defendant

CHEUNG KAM FAI, SHINE

23rd Defendant

LIU HING LUNG, DANIEL

24th Defendant

POON YUEN KAN

25th Defendant

LEE LUNG CHEUNG, DEREK

26th Defendant

LEUNG MEI LING, PHYLLIS

27th Defendant

LAU LUEN HAN, CANDY

28th Defendant

Procedural Posture

Interlocutory Application (stay Pending Appeal, Clarification of Injunction, and Costs) / Decision on Costs and Outstanding Interlocutory Matters (post Hearing, Interlocutory Stage)

Legal Issues

  1. 1 Whether a stay pending appeal should be granted
  2. 2 Whether the applicants' late clarification justified an adjournment
  3. 3 Whether PCI's conduct warranted indemnity costs for part of the proceedings

Ratio Decidendi

Because PCI sought an unsuccessful stay, served late and materially changed its case at short notice causing adjournment and wasted costs, the court exercised its discretion to award costs to the Plaintiffs, ordered indemnity costs for the adjournment hearing on 6 September 2001, and ordered PCI to pay the Plaintiffs' costs of the stay and clarification application with a one-quarter discount for part of the November hearing (i.e. Plaintiffs recover 75% of those costs) with certificates for two counsel.

Court Disposition

Costs awarded to the Plaintiffs. PCI to pay Plaintiffs' costs of its summons dated 7 August 2001 (including listed hearings) to the Plaintiffs in any event; costs of 6 September 2001 to be taxed on an indemnity basis; Plaintiffs entitled to 75% of costs of 6–8 November 2001; costs of Plaintiffs' application and...

Orders

  • The costs of and occasioned by the 1st Defendant's summons dated 7 August 2001, including the costs of the hearing on 9 August 2001 and 6 to 8 November 2001, be to the Plaintiffs in any event with certificate for two counsel, save that the Plaintiffs shall only be entitled to 75% of their costs of the hearing on 6...
  • The costs of and occasioned by the Plaintiffs' application and of the hearing on 10 January 2002 be to the Plaintiffs in any event, with certificate for two counsel.