LAM MABLE v. WORLD PEACE LTD. AND OTHERS

LAM MABLE v. WORLD PEACE LTD. AND OTHERS

No ground established to disturb the Master's discretion: defendants had a bona fide defence, the Master's global approach to related summonses was lawful and not unreasonable, and the appropriate outcome was to dismiss the appeal and order costs of the appeal against the Plaintiff.

Citation
LAM MABLE v. WORLD PEACE LTD. AND OTHERS
Parties
Plaintiff: LAM MABLE; 1st Defendant: WORLD PEACE LIMITED; 2nd Defendant: FREI ALFRED; 3rd Defendant: KWOK TSUI KING CHRISTINE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2003
Case Number
HCA4699/2001
Procedural Posture
Civil Appeal Against Costs Order / Appeal From Master's Costs Order in Chambers
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Leave to File Defence Out of Time, Master's Discretion, Costs Follow the Event
Source Language
EN
Civil Procedure Costs Appeals Costs Orders Leave to File Defence Out of Time Master's Discretion Costs Follow the Event

Case Brief

Summary, issues, holding and outcome

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Parties

LAM MABLE

Plaintiff

WORLD PEACE LIMITED

1st Defendant

FREI ALFRED

2nd Defendant

KWOK TSUI KING CHRISTINE

3rd Defendant

Procedural Posture

Civil Appeal Against Costs Order / Appeal From Master's Costs Order in Chambers

Legal Issues

  1. 1 Whether the Master's costs order should be disturbed on appeal
  2. 2 Who should bear the costs of the two time summonses and subsequent hearings
  3. 3 Whether the 1st and 2nd Defendants should have been granted leave to file a defence out of time

Ratio Decidendi

No ground established to disturb the Master's discretion: defendants had a bona fide defence, the Master's global approach to related summonses was lawful and not unreasonable, and the appropriate outcome was to dismiss the appeal and order costs of the appeal against the Plaintiff.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of this appeal to be paid by the Plaintiff to the 1st and 2nd Defendants, to be taxed if not agreed