MILLION WAY LTD v. TO SHING WO AND OTHERS

MILLION WAY LTD v. TO SHING WO AND OTHERS

The court refused rectification but preserved the agreement's effect so the plaintiff may apply under NTO s15; the plaintiff was awarded 70% of the costs of the action applying Re Elgindata because substantial time was spent on the lost rectification claim; the defendants' applications to vary the costs order nisi were dismissed and no order as to costs was made between the plaintiff and the 2nd and 3rd defendants on the misrepresentation issue where the defendants succeeded only due to disbelief in their evidence.

Citation
MILLION WAY LTD v. TO SHING WO AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant: 4th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 June 2010
Case Number
HCA436/2007
Procedural Posture
Rectification of Formal Agreement; Application for Consent to Sale Under New Territories Ordinance S15 / Trial Judgment on Substantive Issues and Variation of Costs Order Nisi
Outcome
Summonses to vary the costs order nisi dismissed; plaintiff allowed to keep agreement in effect to apply under NTO s15; plaintiff awarded 70% of costs of the action; no order as to costs for the parties' applications.
Legal Topics
Rectification, Misrepresentation, Costs Orders, Variation of Costs Order Nisi, New Territories Ordinance S15 Consent
Source Language
EN
Contract Property Law Civil Procedure Equity Costs Rectification Misrepresentation Costs Orders +2 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant

4th Defendant

Procedural Posture

Rectification of Formal Agreement; Application for Consent to Sale Under New Territories Ordinance S15 / Trial Judgment on Substantive Issues and Variation of Costs Order Nisi

Legal Issues

  1. 1 Whether the formal agreement should be rectified
  2. 2 Whether the agreement should be kept in effect to permit the plaintiff to apply under New Territories Ordinance s15 for consent to sale
  3. 3 Whether the costs order nisi should be varied and who should bear costs from the start of the action

Ratio Decidendi

The court refused rectification but preserved the agreement's effect so the plaintiff may apply under NTO s15; the plaintiff was awarded 70% of the costs of the action applying Re Elgindata because substantial time was spent on the lost rectification claim; the defendants' applications to vary the costs order nisi were dismissed and no order as to costs was made between the plaintiff and the 2nd and 3rd defendants on the misrepresentation issue where the defendants succeeded only due to disbelief in their evidence.

Court Disposition

Summonses to vary the costs order nisi dismissed; plaintiff allowed to keep agreement in effect to apply under NTO s15; plaintiff awarded 70% of costs of the action; no order as to costs for the parties' applications.

Orders

  • Dismiss first prayer of the 1st, 2nd and 3rd defendants' summons to vary the costs order nisi
  • Dismiss plaintiff's summons seeking full costs and instead award plaintiff 70% of the costs of the action