KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM AND OTHERS

KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM AND OTHERS

The court refused to award common fund costs because the defendants' challenge to the plaintiff's bona fides did not amount to an allegation of fraud nor was the defence conduct so unreasonable or outrageous as to justify departure from party and party taxation; accordingly costs of the main action are to be taxed party and party and apportioned 70% against the defendants and 30% against the 2nd Third Party, with the 2nd Third Party ordered to pay the defendants' share and their own costs of defending the main action; hearing costs allocation specified.

Citation
KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM AND OTHERS
Parties
Plaintiff: Keep Point Development Limited; Defendant(s): Chan Chi Yim & Ngai Yuet Fong & 62 Other Defendants; 1st Third Party: Full Country Development Limited (in Liquidation); 2nd Third Party: Yuen Sung & Co (a Firm of Solicitors)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2001
Case Number
HCMP6550/1998
Procedural Posture
Miscellaneous Proceedings (hcmp) / Post Judgment Costs Hearing and Reasons for Ruling
Outcome
Costs awarded to plaintiff on party and party basis and apportioned between defendants and 2nd Third Party; 2nd Third Party ordered to pay defendants' share and defendants' own costs of defending the main action; specific allocations for the costs hearing imposed.
Legal Topics
Common Fund Costs, Party and Party Costs, Apportionment of Costs, Bona Fides and Collusion, Legal Aid
Source Language
EN
Civil Procedure Costs Third Party Proceedings Land Registration Common Fund Costs Party and Party Costs Apportionment of Costs Bona Fides and Collusion +1 more

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Parties

Keep Point Development Limited

Plaintiff

Chan Chi Yim & Ngai Yuet Fong & 62 Other Defendants

Defendant(s)

Full Country Development Limited (in Liquidation)

1st Third Party

Yuen Sung & Co (a Firm of Solicitors)

2nd Third Party

Procedural Posture

Miscellaneous Proceedings (hcmp) / Post Judgment Costs Hearing and Reasons for Ruling

Legal Issues

  1. 1 Whether costs should be awarded on the common fund basis
  2. 2 Appropriate proportions of liability for plaintiff's costs between defendants and 2nd third party
  3. 3 Whether legally aided defendants should bear part of plaintiff's costs

Ratio Decidendi

The court refused to award common fund costs because the defendants' challenge to the plaintiff's bona fides did not amount to an allegation of fraud nor was the defence conduct so unreasonable or outrageous as to justify departure from party and party taxation; accordingly costs of the main action are to be taxed party and party and apportioned 70% against the defendants and 30% against the 2nd Third Party, with the 2nd Third Party ordered to pay the defendants' share and their own costs of defending the main action; hearing costs allocation specified.

Court Disposition

Costs awarded to plaintiff on party and party basis and apportioned between defendants and 2nd Third Party; 2nd Third Party ordered to pay defendants' share and defendants' own costs of defending the main action; specific allocations for the costs hearing imposed.

Orders

  • Plaintiff's costs of the main action to be paid 70% by the defendants and 30% by the 2nd Third Party
  • Those costs to be taxed on a party and party basis