LU SHAOPING v. WU LIANMO AND OTHERS

LU SHAOPING v. WU LIANMO AND OTHERS

The 2nd Defendant failed to adduce sufficient evidence of the limitation defence before the substantive hearing; the court therefore allocated costs up to 26 February 2020 (including the substantive hearing) against the 2nd Defendant and costs after 26 February 2020 (if any) against the Plaintiff; a certificate for one senior counsel awarded to the Plaintiff was appropriate.

Citation
[2020] HKCFI 944
Parties
Plaintiff: Plaintiff; 2nd Defendant: 2nd Defendant; 1st Defendant: 1st Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2020
Case Number
HCA589/2019
Procedural Posture
Application to Set Aside a Regular/default Judgment / Decision on Costs
Outcome
Costs split: 2nd Defendant pays costs up to 26 February 2020 to Plaintiff; Plaintiff pays costs after 26 February 2020 (if any) to 2nd Defendant; costs of submissions on costs paid by 2nd Defendant to Plaintiff; certificate for one senior counsel awarded to Plaintiff.
Legal Topics
Setting Aside Default Judgment, Limitation Defence, Costs Orders, Certificate for Counsel
Source Language
EN
Civil Procedure Costs Limitation Contract Setting Aside Default Judgment Limitation Defence Costs Orders Certificate for Counsel

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

2nd Defendant

2nd Defendant

1st Defendant

1st Defendant

Procedural Posture

Application to Set Aside a Regular/default Judgment / Decision on Costs

Legal Issues

  1. 1 Whether the 2nd Defendant had demonstrated a meritorious limitation defence before the substantive hearing
  2. 2 Who should bear the costs of the summons to set aside the regular default judgment and for what periods
  3. 3 Whether a certificate for two counsel should be awarded

Ratio Decidendi

The 2nd Defendant failed to adduce sufficient evidence of the limitation defence before the substantive hearing; the court therefore allocated costs up to 26 February 2020 (including the substantive hearing) against the 2nd Defendant and costs after 26 February 2020 (if any) against the Plaintiff; a certificate for one senior counsel awarded to the Plaintiff was appropriate.

Court Disposition

Costs split: 2nd Defendant pays costs up to 26 February 2020 to Plaintiff; Plaintiff pays costs after 26 February 2020 (if any) to 2nd Defendant; costs of submissions on costs paid by 2nd Defendant to Plaintiff; certificate for one senior counsel awarded to Plaintiff.

Orders

  • Costs of and incidental to the Summons dated 10 September 2019 incurred before 26 February 2020, including the substantive hearing on 23 January 2020, to be paid by the 2nd Defendant to the Plaintiff forthwith, to be taxed if not agreed, on a party to party basis, with a certificate for one counsel (senior counsel).
  • Costs of and incidental to the Summons dated 10 September 2019 incurred after 26 February 2020 to be paid by the Plaintiff to the 2nd Defendant (if any) forthwith, to be taxed if not agreed, on a party to party basis, with a certificate for one counsel.