CHU PO LING v. CHUNG CHUN SHING AND ANOTHER

CHU PO LING v. CHUNG CHUN SHING AND ANOTHER

Although the 2nd defendant had substantially assisted and contributed to funding, the evidence showed familial assistance and no sufficient personal financial interest or control so as to render him the 'real party' to litigation; therefore it was not in the interests of justice to order him to pay the plaintiff's costs under s 53(2); he was joined for costs purposes only and the summons for costs against him was dismissed.

Citation
CHU PO LING v. CHUNG CHUN SHING AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: Chung Chor Yuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 November 2014
Case Number
DCCJ32/2012
Procedural Posture
Civil Land (vacant Possession, Outstanding Rent, Mesne Profits) / Post Trial Costs Application / Summons to Join Non Party and Vary Costs Order
Outcome
Application partly allowed: 2nd defendant joined for purposes of costs; application for costs against 2nd defendant dismissed
Legal Topics
Non Party Costs Orders, Funding of Litigation, Joinder for Costs, Summary Assessment of Costs
Source Language
EN
Civil Procedure Property Law Costs Non Party Costs Orders Funding of Litigation Joinder for Costs Summary Assessment of Costs

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Chung Chor Yuen

2nd Defendant

Procedural Posture

Civil Land (vacant Possession, Outstanding Rent, Mesne Profits) / Post Trial Costs Application / Summons to Join Non Party and Vary Costs Order

Legal Issues

  1. 1 Whether the court should join a non-party for purposes of costs under RDC Order 62 r 6A
  2. 2 Whether to exercise discretion under District Court Ordinance s 53(2) to order a non-party to pay costs
  3. 3 Whether the 2nd defendant was a self-interested funder or a pure funder and a 'real party' to litigation

Ratio Decidendi

Although the 2nd defendant had substantially assisted and contributed to funding, the evidence showed familial assistance and no sufficient personal financial interest or control so as to render him the 'real party' to litigation; therefore it was not in the interests of justice to order him to pay the plaintiff's costs under s 53(2); he was joined for costs purposes only and the summons for costs against him was dismissed.

Court Disposition

Application partly allowed: 2nd defendant joined for purposes of costs; application for costs against 2nd defendant dismissed

Orders

  • Chung Chor Yuen is joined as 2nd defendant in the action for the purpose of costs
  • The remainder of the plaintiff's summons (seeking costs against the 2nd defendant) is dismissed with costs to the 2nd defendant, to be taxed by way of summary assessment