MASTER YIELD LTD v. HO KAN BAU AND ANOTHER

MASTER YIELD LTD v. HO KAN BAU AND ANOTHER

Because the plaintiff achieved only limited and distinct success on appeal (credit for deposit and a stay of execution) but failed on the substantive contest to overturn summary judgment, and those successful points were not taken below, the fairest outcome is to make no order as to costs of the appeal and not to disturb the Master's costs order below.

Citation
MASTER YIELD LTD v. HO KAN BAU AND ANOTHER
Parties
Plaintiff: Master Yield Limited; 1st Defendant: Ho Kan Bau; 2nd Defendant: Chung Boon Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 September 2009
Case Number
HCA866/2008
Procedural Posture
Appeal / Decision on Costs
Outcome
No order as to costs in respect of the appeal; each party to bear its own costs of the appeal; costs order made by the Master below is not disturbed.
Legal Topics
Summary Judgment, Stay of Execution, Costs on Appeal, Misrepresentation Claim, Counterclaim
Source Language
EN
Civil Procedure Contract Law Costs Law Equitable Relief Summary Judgment Stay of Execution Costs on Appeal Misrepresentation Claim +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Master Yield Limited

Plaintiff

Ho Kan Bau

1st Defendant

Chung Boon Hing

2nd Defendant

Procedural Posture

Appeal / Decision on Costs

Legal Issues

  1. 1 Whether to disturb the costs order made by the Master below
  2. 2 Proper costs allocation where appellant achieves partial success on appeal
  3. 3 Whether the appellant's need to obtain a stay of execution justifies an award of costs for the appeal

Ratio Decidendi

Because the plaintiff achieved only limited and distinct success on appeal (credit for deposit and a stay of execution) but failed on the substantive contest to overturn summary judgment, and those successful points were not taken below, the fairest outcome is to make no order as to costs of the appeal and not to disturb the Master's costs order below.

Court Disposition

No order as to costs in respect of the appeal; each party to bear its own costs of the appeal; costs order made by the Master below is not disturbed.

Orders

  • No order as to costs in respect of the appeal; each party to bear its own costs of the appeal.
  • The costs order made by the Master at the hearing below is not disturbed.