TERKILD JOHAN TERKILDSEN AND ANOTHER v. BARBER ASIA LTD AND OTHERS

TERKILD JOHAN TERKILDSEN AND ANOTHER v. BARBER ASIA LTD AND OTHERS

No extension of time was granted because there was no reasonable excuse for the delay in applying to vary the costs order; therefore the costs order nisi became absolute and the application to vary was dismissed with costs to the plaintiffs payable forthwith.

Source-derived case information.

Citation
TERKILD JOHAN TERKILDSEN AND ANOTHER v. BARBER ASIA LTD AND OTHERS
Parties
1st Plaintiff: TERKILD JOHAN TERKILDSEN; 2nd Plaintiff: JORGEN GUDIK MORTENSEN; 1st Defendant: BARBER ASIA LIMITED; 2nd Defendant: INTERNATIONAL STRATEGIES GROUP LIMITED; 3rd Defendant: CHRISTOPHER MARK BARBER; 4th Defendant: ANDREW NICHOLAS BARBER; 5th Defendant: PHILIP CLARK; 6th Defendant: JAYNIE BARBER; 7th Defendant: CHARLES FREDERICK DUNFORD; 8th Defendant: COLIN SCOTT-LAWS; 9th Defendant: PETER ELLIOT
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 May 2007
Case Number
HCA1963/2003
Procedural Posture
Civil Action Involving Interlocutory Applications to Strike Out and Amend Statement of Claim and Subsequent Costs Variation Applications / Interlocutory Costs Variation Application Following Judgment and Order Nisi Becoming Absolute
Outcome
Application to vary the costs order dismissed; costs order nisi declared absolute; costs of the application to vary awarded to the plaintiffs payable forthwith.
Legal Topics
Order Nisi, Extension of Time, Striking Out, Amendment of Statement of Claim, Jurisdiction to Vary Costs Order
Source Language
en
Civil Procedure Costs Order Nisi Extension of Time Striking Out Amendment of Statement of Claim Jurisdiction to Vary Costs Order

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Parties

TERKILD JOHAN TERKILDSEN

1st Plaintiff

JORGEN GUDIK MORTENSEN

2nd Plaintiff

BARBER ASIA LIMITED

1st Defendant

INTERNATIONAL STRATEGIES GROUP LIMITED

2nd Defendant

CHRISTOPHER MARK BARBER

3rd Defendant

ANDREW NICHOLAS BARBER

4th Defendant

PHILIP CLARK

5th Defendant

JAYNIE BARBER

6th Defendant

CHARLES FREDERICK DUNFORD

7th Defendant

COLIN SCOTT-LAWS

8th Defendant

PETER ELLIOT

9th Defendant

Procedural Posture

Civil Action Involving Interlocutory Applications to Strike Out and Amend Statement of Claim and Subsequent Costs Variation Applications / Interlocutory Costs Variation Application Following Judgment and Order Nisi Becoming Absolute

Legal Issues

  1. 1 Whether the court has jurisdiction to extend time to vary a costs order nisi under O 42 r 5B(6)
  2. 2 Whether there was a reasonable excuse for delay in applying to vary the costs order
  3. 3 Whether the applicant suffered prejudice and whether the costs order should be varied

Ratio Decidendi

No extension of time was granted because there was no reasonable excuse for the delay in applying to vary the costs order; therefore the costs order nisi became absolute and the application to vary was dismissed with costs to the plaintiffs payable forthwith.

Court Disposition

Application to vary the costs order dismissed; costs order nisi declared absolute; costs of the application to vary awarded to the plaintiffs payable forthwith.

Orders

  • Time to apply to vary the costs order was not extended
  • Costs order nisi became absolute