MULTI-SOURCE DEVELOPMENT LTD. v. HANFAI PROPERTIES LTD.

MULTI-SOURCE DEVELOPMENT LTD. v. HANFAI PROPERTIES LTD.

The court held that Yuen J.'s direction about disputes of fact did not amount to a finding that the defendant had a realistic prospect of success; accordingly the Master's order that the defendant's solicitors pay the plaintiff's costs of the application should not be disturbed.

Citation
MULTI-SOURCE DEVELOPMENT LTD. v. HANFAI PROPERTIES LTD.
Parties
Plaintiff: Multi-Source Development Limited; Defendant: Hanfai Properties Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 1999
Case Number
HCMP1559/1998
Procedural Posture
Originating Summons Under Section 12 of the Conveyancing and Property Ordinance (sale of Land) / Application to Vary Costs Order After Master Set Aside Default Judgment
Outcome
Application dismissed; Master's costs order upheld.
Legal Topics
Default Judgment, Setting Aside Judgment, Costs Orders, Originating Summons, Summary Judgment, Dispute of Fact
Source Language
EN
Conveyancing Property Law Civil Procedure Costs Default Judgment Setting Aside Judgment Costs Orders Originating Summons +2 more

Case Brief

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Parties

Multi-Source Development Limited

Plaintiff

Hanfai Properties Limited

Defendant

Procedural Posture

Originating Summons Under Section 12 of the Conveyancing and Property Ordinance (sale of Land) / Application to Vary Costs Order After Master Set Aside Default Judgment

Legal Issues

  1. 1 Whether the Master's costs order against the defendant's solicitors should be varied
  2. 2 Whether Yuen J.'s direction that disputes of fact exist equates to a finding that the defendant had a realistic prospect of success
  3. 3 Whether solicitors are properly liable for costs resulting from their default

Ratio Decidendi

The court held that Yuen J.'s direction about disputes of fact did not amount to a finding that the defendant had a realistic prospect of success; accordingly the Master's order that the defendant's solicitors pay the plaintiff's costs of the application should not be disturbed.

Court Disposition

Application dismissed; Master's costs order upheld.

Orders

  • Application to vary the Master's costs order dismissed with costs.
  • The Master's order that the defendant's solicitors pay all the plaintiff's costs of the application to set aside the default judgment is affirmed.