MILLION INTECH DEVELOPMENT LTD v. LEE KIN WO AND OTHERS

MILLION INTECH DEVELOPMENT LTD v. LEE KIN WO AND OTHERS

The judge refused leave to appeal out of time because the appeal was unmeritorious: the Master reasonably dismissed the security for costs summons upon the written undertaking given on 5 December 2019 and reasonably allocated costs between the parties; consequently the appeal was dismissed and costs of the appeal were awarded to the plaintiff in the assessed sum of HK$65,000.

Citation
[2022] HKDC 290
Parties
Plaintiff: MILLION INTECH DEVELOPMENT LIMITED; 1st Defendant: LEE KIN WO（李建和）; 2nd Defendant: LAM CHIN FUNG, HAYWOOD（林展峰）; 3rd Defendant: PHOENIX GAME LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 April 2022
Case Number
DCCJ5564/2018
Procedural Posture
Civil Action Security for Costs and Appeal / Appeal to District Court; Decision on Leave to Appeal Out of Time and Costs
Outcome
Leave to appeal out of time refused; appeal dismissed.
Legal Topics
Security for Costs, Costs Orders, Leave to Appeal Out of Time, Undertaking to Pay Costs, Unjust Enrichment, Breach of Contract, Fraud and Conspiracy
Source Language
EN
Civil Procedure Contract Tort Equity/restitution Security for Costs Costs Orders Leave to Appeal Out of Time Undertaking to Pay Costs +3 more

Case Brief

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Parties

MILLION INTECH DEVELOPMENT LIMITED

Plaintiff

LEE KIN WO（李建和）

1st Defendant

LAM CHIN FUNG, HAYWOOD（林展峰）

2nd Defendant

PHOENIX GAME LIMITED

3rd Defendant

Procedural Posture

Civil Action Security for Costs and Appeal / Appeal to District Court; Decision on Leave to Appeal Out of Time and Costs

Legal Issues

  1. 1 Whether leave to lodge the appeal out of time should be granted
  2. 2 Whether the Master erred or acted unreasonably in her costs order
  3. 3 Whether the undertaking by the plaintiff's director sufficed as security for costs

Ratio Decidendi

The judge refused leave to appeal out of time because the appeal was unmeritorious: the Master reasonably dismissed the security for costs summons upon the written undertaking given on 5 December 2019 and reasonably allocated costs between the parties; consequently the appeal was dismissed and costs of the appeal were awarded to the plaintiff in the assessed sum of HK$65,000.

Court Disposition

Leave to appeal out of time refused; appeal dismissed.

Orders

  • Leave to appeal out of time refused
  • Appeal dismissed