FAMEWAY FINANCE LTD v. JOY RICH DEVELOPMENT LTD (In liquidation)

FAMEWAY FINANCE LTD v. JOY RICH DEVELOPMENT LTD (In liquidation)

Costs follow the event; the Chen Sisters (not Joy Rich) are entitled to receive the costs they incurred resisting the applications; Fameway must pay the Chen Sisters the costs of the Order 13 application incurred after 17 February 2023 and the costs of Fameway's strike‑out application; Lau must pay the Chen Sisters the costs of Lau's application; summary assessment fixed HK$500,000 for the Order 13 and Fameway applications and HK$200,000 for Lau's application.

Citation
[2024] HKCFI 3610
Parties
Plaintiff in HCA 510/2012; 1st Defendant in HCA 1497/2022: Fameway Finance Limited; Defendant in HCA 510/2012; Plaintiff in HCA 1497/2022 (name Used by the Chen Sisters): Joy Rich Development Limited (In liquidation); Real Parties in Interest / Intervenors Who Brought HCA 1497/2022 Using the Name of Joy Rich Development Limited; Receiving Party for Costs: The Chen Sisters; 2nd Defendant in HCA 1497/2022: Liu Yi Dong (also known as Lau Kwok Wah Benjamin or Ben Lau)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2024
Case Number
HCA510/2012
Procedural Posture
High Court Civil Applications (order 13 Application; Strike‑out Applications); Costs Proceedings / Costs Decision Following Disposition of Three Applications (order 13 Application; Fameway's and Lau's Strike‑out Applications)
Outcome
Costs orders made in favour of the Chen Sisters (using the name of Joy Rich) against Fameway and Lau; summary assessment of costs fixed.
Legal Topics
Setting Aside Default Judgment, Order 13 Application, Strike‑out Application, Summary Assessment of Costs, Costs Nisi, Leave to Use Company Name
Source Language
EN
Civil Procedure Costs Company Law Civil Litigation Setting Aside Default Judgment Order 13 Application Strike‑out Application Summary Assessment of Costs +2 more

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Parties

Fameway Finance Limited

Plaintiff in HCA 510/2012; 1st Defendant in HCA 1497/2022

Joy Rich Development Limited (In liquidation)

Defendant in HCA 510/2012; Plaintiff in HCA 1497/2022 (name Used by the Chen Sisters)

The Chen Sisters

Real Parties in Interest / Intervenors Who Brought HCA 1497/2022 Using the Name of Joy Rich Development Limited; Receiving Party for Costs

Liu Yi Dong (also known as Lau Kwok Wah Benjamin or Ben Lau)

2nd Defendant in HCA 1497/2022

Procedural Posture

High Court Civil Applications (order 13 Application; Strike‑out Applications); Costs Proceedings / Costs Decision Following Disposition of Three Applications (order 13 Application; Fameway's and Lau's Strike‑out Applications)

Legal Issues

  1. 1 Whether costs ordered to be payable to Joy Rich or to the Chen Sisters
  2. 2 Which party should bear costs of the Order 13 application and from which start date
  3. 3 Whether costs of evidence (affirmations) supporting the Order 13 application should be allowed

Ratio Decidendi

Costs follow the event; the Chen Sisters (not Joy Rich) are entitled to receive the costs they incurred resisting the applications; Fameway must pay the Chen Sisters the costs of the Order 13 application incurred after 17 February 2023 and the costs of Fameway's strike‑out application; Lau must pay the Chen Sisters the costs of Lau's application; summary assessment fixed HK$500,000 for the Order 13 and Fameway applications and HK$200,000 for Lau's application.

Court Disposition

Costs orders made in favour of the Chen Sisters (using the name of Joy Rich) against Fameway and Lau; summary assessment of costs fixed.

Orders

  • Lau to pay the Chen Sisters the costs of Lau's Application with a certificate for 2 counsel to be summarily assessed (order varied from Joy Rich to the Chen Sisters)
  • Fameway to pay the Chen Sisters the costs of Fameway's Application with a certificate for 2 counsel to be summarily assessed