TIANJIN JINFU EXPRESSWAY CO LTD v. LUCKY MONEY LTD AND OTHERS

TIANJIN JINFU EXPRESSWAY CO LTD v. LUCKY MONEY LTD AND OTHERS

Because Kwong Ian intervened and caused the contest and associated costs and lost, the court, exercising its jurisdiction under Companies Ordinance s168BI(1) and High Court Ordinance s52A(2), ordered that Kwong Ian must pay the costs of the whole action including the costs of 17 July 2007, to be taxed if not agreed, with certificate for two counsel.

Citation
TIANJIN JINFU EXPRESSWAY CO LTD v. LUCKY MONEY LTD AND OTHERS
Parties
Plaintiff: Plaintiff; Intervener: Kwong Ian
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2007
Case Number
HCA447/2006
Procedural Posture
Companies Action Under Companies Ordinance / Post Judgment Costs Determination
Outcome
Costs awarded against Kwong Ian
Legal Topics
Costs of Action, Intervention, Taxation of Costs, Jurisdiction to Award Costs
Source Language
EN
Company Law Civil Procedure Costs Costs of Action Intervention Taxation of Costs Jurisdiction to Award Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Kwong Ian

Intervener

Procedural Posture

Companies Action Under Companies Ordinance / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the costs payable to the plaintiff should be borne by Kwong Ian
  2. 2 Whether the court has jurisdiction to order costs against an intervener under Companies Ordinance s168BI(1) and High Court Ordinance s52A(2)
  3. 3 Whether costs should be reserved to the Companies Judge or determined by the current court

Ratio Decidendi

Because Kwong Ian intervened and caused the contest and associated costs and lost, the court, exercising its jurisdiction under Companies Ordinance s168BI(1) and High Court Ordinance s52A(2), ordered that Kwong Ian must pay the costs of the whole action including the costs of 17 July 2007, to be taxed if not agreed, with certificate for two counsel.

Court Disposition

Costs awarded against Kwong Ian

Orders

  • Kwong Ian to pay the costs of the whole action, including the costs of 17 July 2007, to be taxed if not agreed, with certificate for two counsel.