POLYLINE DEVELOPMENT LTD (in liquidation) v. CHING LIN CHUEN AND OTHERS

The court refused to adjourn determination of costs pending an intended appeal (the plaintiff must apply for a stay if desired); exercised its broad discretion to reduce WG Defendants' recoverable costs by 25% on an issue basis because substantial costs were incurred on a limitation point on which they did not succeed; refused indemnity costs; granted certificate for two counsel; refused blanket leave to pursue third-party cost orders; awarded D4 his costs in full to be taxed if not agreed.

Citation: [2021] HKCFI 1437
Parties: Plaintiff: POLYLINE DEVELOPMENT LIMITED; 1st Defendant: CHING LIN CHUEN; 2nd Defendant: The personal representative of the late TAM SHUI; 3rd Defendant: CHAN YUNG YU JACKY; 4th Defendant: CHENG YEE CHEONG; 5th Defendant: CHAN YUNG HENG HENRY; 6th Defendant: HAN XIU YAN; 7th Defendant: CHAN KING; 8th Defendant: CHING KA HUNG; 9th Defendant: CHEUNG HING LOI; 10th Defendant: CHEUNG BIK FONG; 11th Defendant: LO SAM SHING; 12th Defendant: POLYLINE INTERNATIONAL GROUP LIMITED; 13th Defendant: GAINABLE INTERNATIONAL LIMITED; 14th Defendant: BONDFIELD DEVELOPMENT LIMITED; 15th Defendant: SUNFAIR CORPORATION LIMITED; 16th Defendant: CHINGS ENTERPRISES LIMITED; 17th Defendant: GRAND LUCK LIMITED; 18th Defendant: HONG KONG WEIDONG REAL ESTATE LIMITED
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 26 May 2021
Case Number: HCA2319/2019
Procedural Posture: Civil Strike Out and Costs / Costs Decision (post Striking Out and Dismissal)
Outcome: Application to adjourn costs pending appeal dismissed; costs order varied in part.
Legal Topics: Strike Out, Costs Order, Issue Based Costs, Indemnity Costs, Certificate for Two Counsel, Stay of Execution, Third Party Costs
Source Language: EN

Civil Procedure Costs Limitation Company Law Strike Out Costs Order Issue Based Costs Indemnity Costs +3 more

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Parties

POLYLINE DEVELOPMENT LIMITED

Plaintiff

CHING LIN CHUEN

1st Defendant

The personal representative of the late TAM SHUI

2nd Defendant

CHAN YUNG YU JACKY

3rd Defendant

CHENG YEE CHEONG

4th Defendant

CHAN YUNG HENG HENRY

5th Defendant

HAN XIU YAN

6th Defendant

CHAN KING

7th Defendant

CHING KA HUNG

8th Defendant

CHEUNG HING LOI

9th Defendant

CHEUNG BIK FONG

10th Defendant

LO SAM SHING

11th Defendant

POLYLINE INTERNATIONAL GROUP LIMITED

12th Defendant

GAINABLE INTERNATIONAL LIMITED

13th Defendant

BONDFIELD DEVELOPMENT LIMITED

14th Defendant

SUNFAIR CORPORATION LIMITED

15th Defendant

CHINGS ENTERPRISES LIMITED

16th Defendant

GRAND LUCK LIMITED

17th Defendant

HONG KONG WEIDONG REAL ESTATE LIMITED

18th Defendant

Procedural Posture

Civil Strike Out and Costs / Costs Decision (post Striking Out and Dismissal)

Legal Issues

1 Whether the costs order should be deferred pending an intended appeal
2 Whether plaintiff should receive a reduction of defendants' costs on an issue basis
3 Whether indemnity costs should be awarded

Ratio Decidendi

Court Disposition

Application to adjourn costs pending appeal dismissed; costs order varied in part.

Orders

Plaintiff to pay WG Defendants 75% of their costs of the action including costs of the strikeout application and all costs previously reserved, with a certificate for two Counsel, to be taxed if not agreed
Plaintiff to pay 4th Defendant his costs of the action including costs of the strikeout application and all costs previously reserved, with a certificate for two Counsel, to be taxed if not agreed