CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER

CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER

The defendants' Variation Application is dismissed because the court had already considered the plaintiff's unexplained delay when making the Order Nisi and the defendants failed to resist the amendment; it would be unfair to allow the defendants to recover their substantive hearing costs where they did not prevent the amendment — accordingly the Order Nisi is made absolute, costs follow the event and certificate for two counsel is refused.

Citation
[2025] HKCFI 249
Parties
Plaintiff: Plaintiff; Defendants: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2025
Case Number
HCAP22/2019
Procedural Posture
Civil (high Court) Interlocutory Application to Vary Costs Order Nisi Following Amendment Application / Variation Application by Defendants to Vary Costs Order Nisi; Decision on Costs and Certificate for Counsel
Outcome
Defendants' Variation Application dismissed; Order Nisi made absolute.
Legal Topics
Costs Orders, Amendment of Statement of Claim, Undue Influence, Court Discretion, Summary Assessment of Costs
Source Language
EN
Civil Procedure Costs Equity Costs Orders Amendment of Statement of Claim Undue Influence Court Discretion Summary Assessment of Costs

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Procedural Posture

Civil (high Court) Interlocutory Application to Vary Costs Order Nisi Following Amendment Application / Variation Application by Defendants to Vary Costs Order Nisi; Decision on Costs and Certificate for Counsel

Legal Issues

  1. 1 Whether the defendants' application to vary the costs order nisi should be granted
  2. 2 Whether defendants' costs of the substantive hearing should be in the cause generally rather than limited to the undue influence issue
  3. 3 Whether defendants are entitled to a certificate for two counsel

Ratio Decidendi

The defendants' Variation Application is dismissed because the court had already considered the plaintiff's unexplained delay when making the Order Nisi and the defendants failed to resist the amendment; it would be unfair to allow the defendants to recover their substantive hearing costs where they did not prevent the amendment — accordingly the Order Nisi is made absolute, costs follow the event and certificate for two counsel is refused.

Court Disposition

Defendants' Variation Application dismissed; Order Nisi made absolute.

Orders

  • Dismiss defendants' Variation Application; Order Nisi made absolute
  • Defendants to bear the plaintiff's costs of the Variation Application, to be summarily assessed if not agreed