SBC CPA LTD v. AU KA MAN SILKIE AND OTHERS

SBC CPA LTD v. AU KA MAN SILKIE AND OTHERS

The variation summons is dismissed. The plaintiff's conduct—misrepresentation of the Chan Order—was sufficiently serious to justify an indemnity costs order for the whole Injunction Summons and Discharge Summons to mark the court's disapproval; the variation of the costs order nisi is refused; costs of the variation summons awarded to the defendants party-to-party if not agreed.

Citation
SBC CPA LTD v. AU KA MAN SILKIE AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: Wong Chun Yat; 3rd Defendant: Chiu Cheuk Laam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2015
Case Number
HCA1502/2014
Procedural Posture
Civil Injunction and Discharge Summons; Costs Variation / Variation Summons Decision (post Decision)
Outcome
Variation summons dismissed
Legal Topics
Indemnity Costs, Costs Order Nisi, Variation of Costs, Misuse of Process, Contempt
Source Language
EN
Civil Procedure Costs Contempt of Court Injunctions Abuse of Process Indemnity Costs Costs Order Nisi Variation of Costs +2 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Wong Chun Yat

2nd Defendant

Chiu Cheuk Laam

3rd Defendant

Procedural Posture

Civil Injunction and Discharge Summons; Costs Variation / Variation Summons Decision (post Decision)

Legal Issues

  1. 1 Whether the costs order nisi should be varied
  2. 2 Whether indemnity costs are appropriate against the plaintiff for conduct amounting to contempt or abuse of process
  3. 3 Whether the plaintiff should be deprived of costs in the Injunction and Discharge Summons

Ratio Decidendi

The variation summons is dismissed. The plaintiff's conduct—misrepresentation of the Chan Order—was sufficiently serious to justify an indemnity costs order for the whole Injunction Summons and Discharge Summons to mark the court's disapproval; the variation of the costs order nisi is refused; costs of the variation summons awarded to the defendants party-to-party if not agreed.

Court Disposition

Variation summons dismissed

Orders

  • Plaintiff to pay indemnity costs for the whole Injunction Summons and Discharge Summons to the defendants, including all costs reserved, to be taxed on an indemnity basis if not agreed, with certificate for one counsel.
  • Variation summons dismissed with costs to the defendants, to be taxed on a party-to-party basis if not agreed.