K&L GATES v. NAVIN KUMAR AGGARWAL AND ANOTHER

K&L GATES v. NAVIN KUMAR AGGARWAL AND ANOTHER

The judge refused leave to appeal because K&L Gates failed to demonstrate reasonable prospects of success and only rehashed arguments already rejected; absence of palpable error in the discovery order meant appellate intervention was unwarranted; the stay was dismissed for the same reason; the costs order nisi was largely upheld given Defendants' overall success and the proportionality of costs, but limited variation was granted regarding one summons and summary taxation and immediate payment were refused.

Citation
[2019] HKCFI 200
Parties
Plaintiff: K&L Gates; 1st Defendant: Navin Kumar Aggarwal; 2nd Defendant: Sat Ieng Sociedade Unipessoal Limitada; 3rd Defendant: Golden Way Global Limited; 4th Defendant: Southbank Investments Pty Limited; 5th Defendant: Sat Fat Limited (also known as Sat Fat Sociedade Unipessoal Limitada); 6th Defendant: Ever Discovery Limited; 7th Defendant: Burswood Nominees Limited; 8th Defendant: Golden Future (Management Services) Limited; 9th Defendant: Venetian Macau Limited; 10th Defendant: Wynn International Marketing, Limited; 11th Defendant: V-HK Services Limited; 12th Defendant: Golden Way Company Limited (also known as Golden Way Sociedade Unipessoal Limitada); 13th Defendant: Crown Melbourne Limited; 14th Defendant: Wynn Resorts (Macau) S.A.; Defendant (hca 349/2011): Melco Crown Gaming (Macau) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 January 2019
Case Number
HCA1061/2011
Procedural Posture
Civil Action Interlocutory Discovery Applications and Related Appeals / Application for Leave to Appeal and Stay of Execution; Decision on Costs Variation
Outcome
Leave to appeal refused; Stay of execution dismissed; Costs order nisi of 27 November 2017 made absolute with limited variation; summary taxation and immediate payment refused; certain costs varied as specified.
Legal Topics
Specific Discovery, Leave to Appeal, Stay of Execution, Costs Variation, Case Management
Source Language
EN
Civil Procedure Evidence Appeal Costs Specific Discovery Leave to Appeal Stay of Execution Costs Variation +1 more

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Parties

K&L Gates

Plaintiff

Navin Kumar Aggarwal

1st Defendant

Sat Ieng Sociedade Unipessoal Limitada

2nd Defendant

Golden Way Global Limited

3rd Defendant

Southbank Investments Pty Limited

4th Defendant

Sat Fat Limited (also known as Sat Fat Sociedade Unipessoal Limitada)

5th Defendant

Ever Discovery Limited

6th Defendant

Burswood Nominees Limited

7th Defendant

Golden Future (Management Services) Limited

8th Defendant

Venetian Macau Limited

9th Defendant

Wynn International Marketing, Limited

10th Defendant

V-HK Services Limited

11th Defendant

Golden Way Company Limited (also known as Golden Way Sociedade Unipessoal Limitada)

12th Defendant

Crown Melbourne Limited

13th Defendant

Wynn Resorts (Macau) S.A.

14th Defendant

Melco Crown Gaming (Macau) Limited

Defendant (hca 349/2011)

Procedural Posture

Civil Action Interlocutory Discovery Applications and Related Appeals / Application for Leave to Appeal and Stay of Execution; Decision on Costs Variation

Legal Issues

  1. 1 Whether leave to appeal should be granted against a discovery order
  2. 2 Whether a stay of execution of the discovery order should be granted pending appeal
  3. 3 Whether the costs order nisi should be varied and whether summary taxation or immediate payment should be ordered

Ratio Decidendi

The judge refused leave to appeal because K&L Gates failed to demonstrate reasonable prospects of success and only rehashed arguments already rejected; absence of palpable error in the discovery order meant appellate intervention was unwarranted; the stay was dismissed for the same reason; the costs order nisi was largely upheld given Defendants' overall success and the proportionality of costs, but limited variation was granted regarding one summons and summary taxation and immediate payment were refused.

Court Disposition

Leave to appeal refused; Stay of execution dismissed; Costs order nisi of 27 November 2017 made absolute with limited variation; summary taxation and immediate payment refused; certain costs varied as specified.

Orders

  • Leave to appeal against the discovery order refused
  • Stay of execution of the discovery order dismissed