TIN SHI ENTERPRISE DEVELOPMENT LTD v. CITY TARGET LTD

TIN SHI ENTERPRISE DEVELOPMENT LTD v. CITY TARGET LTD

The plaintiff delayed responding and failed to serve the writ after notice, causing unnecessary interlocutory litigation; by consent the court ordered the defendant to pay HK$6,600,000 into court and vacated the Land Registry memorial and granted procedural leave to plead; the defendant was entitled to the whole costs of the summons and hearing, summarily assessed at HK$242,756 payable forthwith, but indemnity costs were inappropriate because the substantive questions remain undecided and there was no sufficient basis to find conduct deserving indemnity costs.

Citation
TIN SHI ENTERPRISE DEVELOPMENT LTD v. CITY TARGET LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2015
Case Number
HCA180/2015
Procedural Posture
Civil (contract/property Sale) / Interlocutory (summons Hearing for Vacating Land Registry Memorial and Costs)
Outcome
Consent orders made vacating Land Registry memorial; defendant to pay HK$6,600,000 into court as security; leave to plead granted; costs awarded to defendant and summarily assessed at HK$242,756 payable forthwith; indemnity costs refused.
Legal Topics
Specific Performance, Forfeiture of Deposit, Vacation of Memorial/lis Pendens, Service of Writ, Indorsement of Claim, Summary Assessment of Costs, Indemnity Costs
Source Language
EN
Contract Law Property Law Civil Procedure Costs Law Specific Performance Forfeiture of Deposit Vacation of Memorial/lis Pendens Service of Writ +3 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil (contract/property Sale) / Interlocutory (summons Hearing for Vacating Land Registry Memorial and Costs)

Legal Issues

  1. 1 Whether the action should be dismissed for non‑service of the writ after notice under Order 12 r 8A(1)
  2. 2 Whether specified paragraphs of the indorsement of claim should be struck out
  3. 3 Whether the registration of the writ in the Land Registry (Memorial no.15012201800021) should be vacated

Ratio Decidendi

The plaintiff delayed responding and failed to serve the writ after notice, causing unnecessary interlocutory litigation; by consent the court ordered the defendant to pay HK$6,600,000 into court and vacated the Land Registry memorial and granted procedural leave to plead; the defendant was entitled to the whole costs of the summons and hearing, summarily assessed at HK$242,756 payable forthwith, but indemnity costs were inappropriate because the substantive questions remain undecided and there was no sufficient basis to find conduct deserving indemnity costs.

Court Disposition

Consent orders made vacating Land Registry memorial; defendant to pay HK$6,600,000 into court as security; leave to plead granted; costs awarded to defendant and summarily assessed at HK$242,756 payable forthwith; indemnity costs refused.

Orders

  • Defendant to pay into court HK$6,600,000 within 14 days as security for the plaintiff's claim, release only by court order or consent of parties
  • Registration of the writ of summons in the Land Registry (Memorial no.15012201800021) be vacated