CENTRAL MEDICAL HOLDING LTD AND OTHERS v. TSANG WAH TAK KENNETH AND OTHERS

Parties

Procedural Posture

Originating Summons for Interlocutory Injunction (order 7) and Related Proceedings Under Rules of the High Court (cap 4 A) / Costs Determination Following Discharge of the Interlocutory Order

Legal Issues

1. 1 Whether the Plaintiffs are the effective winner and therefore entitled to costs
2. 2 Whether discontinuance required leave and whether that affects entitlement to costs
3. 3 Whether the proceedings were an abuse of process such that costs should be denied or shifted

Ratio Decidendi

Taking a broadbrush view, the Court found the Plaintiffs obtained substantially the relief they sought by the interlocutory Order and therefore are the effective winners entitled to costs; allegations of abuse or improper motive could not be determined on the material before the Court; accordingly the Defendants were ordered to pay the Plaintiffs' costs with a certificate for one counsel, summarily assessed at HK$450,000.

Court Disposition

Defendants ordered to pay Plaintiffs' costs with certificate for one counsel, summarily assessed at HK$450,000

Orders

• Defendants to pay the Plaintiffs' costs of these proceedings with certificate for one counsel, including costs of arguing costs and costs reserved per §5 of the Order, summarily assessed at HK$450,000