WINSTON & STRAWN (a firm) v. TAI DING CENTURY LTD AND ANOTHER

WINSTON & STRAWN (a firm) v. TAI DING CENTURY LTD AND ANOTHER

The court exercised its discretion to grant the defendants relief from the Unless Order to permit them to bring the strike out and taxation applications; the court entered final judgment for the plaintiff on undisputed invoices and ordered taxation of the six disputed invoices (2399559, 2407258, 2414429, 2414430, 2421736, 2448263) conditional on D1 making an interim payment.

Citation
[2018] HKCFI 2506
Parties
Plaintiff: Plaintiff; First Defendant: D1; Second Defendant: D2
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2018
Case Number
HCA2402/2015
Procedural Posture
Civil (debt; Costs; Taxation; Strike Out) / Interlocutory/pre Trial (application for Relief From Unless Order; Taxation; Strike Out); Trial Listed March 2019
Outcome
Relief from the Unless Order granted to enable defendants to bring strike out and taxation applications; final judgment entered for plaintiff on undisputed bills; taxation of six disputed invoices ordered subject to interim payment by D1.
Legal Topics
Unless Order, Relief From Sanction, Strike Out, Taxation of Costs, Pleading Requirements, Joint and Several Liability
Source Language
EN
Civil Procedure Company Law Costs and Taxation Contract Law Unless Order Relief From Sanction Strike Out Taxation of Costs +2 more

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Parties

Plaintiff

Plaintiff

D1

First Defendant

D2

Second Defendant

Procedural Posture

Civil (debt; Costs; Taxation; Strike Out) / Interlocutory/pre Trial (application for Relief From Unless Order; Taxation; Strike Out); Trial Listed March 2019

Legal Issues

  1. 1 Whether defendants should be granted relief from the Unless Order to pursue interlocutory applications
  2. 2 Whether the second defendant is personally liable for the plaintiff's fees or whether liability is solely that of D1
  3. 3 Whether the pleading sufficiently alleges an agreement or understanding to hold D2 liable

Ratio Decidendi

The court exercised its discretion to grant the defendants relief from the Unless Order to permit them to bring the strike out and taxation applications; the court entered final judgment for the plaintiff on undisputed invoices and ordered taxation of the six disputed invoices (2399559, 2407258, 2414429, 2414430, 2421736, 2448263) conditional on D1 making an interim payment.

Court Disposition

Relief from the Unless Order granted to enable defendants to bring strike out and taxation applications; final judgment entered for plaintiff on undisputed bills; taxation of six disputed invoices ordered subject to interim payment by D1.

Orders

  • Final judgment for plaintiff in respect of undisputed bills
  • Order taxation of invoices numbered 2399559, 2407258, 2414429, 2414430, 2421736 and 2448263, conditional on D1 making an interim payment