HKMC MORTGAGE MANAGEMENT LTD v. TSE WING IP AND OTHERS

HKMC MORTGAGE MANAGEMENT LTD v. TSE WING IP AND OTHERS

The application to vary the costs order nisi was refused because the applicant failed to demonstrate a material change of circumstances or conduct sufficient to justify disturbing the original costs order; the original order remains in effect.

Citation
[2019] HKCFI 2391
Parties
Plaintiff: Plaintiffs; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 2019
Case Number
HCMP348/2014
Procedural Posture
Miscellaneous Proceedings (hcmp 348/2014) / Application to Vary Costs Order Nisi (decision)
Outcome
Application to vary costs order nisi refused
Legal Topics
Variation of Costs Order, Costs Order Nisi, Entitlement to Costs
Source Language
EN
Property Costs Civil Procedure Variation of Costs Order Costs Order Nisi Entitlement to Costs

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Parties

Plaintiffs

Plaintiff

2nd Defendant

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (hcmp 348/2014) / Application to Vary Costs Order Nisi (decision)

Legal Issues

  1. 1 Whether the costs order nisi should be varied
  2. 2 Whether the applicant demonstrated changed circumstances or misconduct warranting variation
  3. 3 How costs should be apportioned between the parties

Ratio Decidendi

The application to vary the costs order nisi was refused because the applicant failed to demonstrate a material change of circumstances or conduct sufficient to justify disturbing the original costs order; the original order remains in effect.

Court Disposition

Application to vary costs order nisi refused

Orders

  • Application to vary costs order nisi refused
  • Original costs order nisi remains in effect