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

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

Costs were ordered to follow the event: the receiving party for Lau’s application was varied to the Chen Sisters; Fameway was ordered to pay the Chen Sisters the costs of Fameway’s application; Fameway was ordered to pay the Chen Sisters the costs of the Order 13 application incurred after 17 February 2023; and the costs were summarily assessed at HK$500,000 for the Order 13 and Fameway applications combined and HK$200,000 for Lau’s application, with certificates for two counsel where stated.

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: Joy Rich Development Limited (In liquidation); 2nd Defendant in HCA 1497/2022: Liu Yi Dong (劉益東) (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
HCA1497/2022
Procedural Posture
Interlocutory Applications and Costs Proceedings / Decision on Costs Following Order 13 and Strike‑out Applications
Outcome
Costs orders made in favour of the Chen Sisters against Fameway and Lau as specified below
Legal Topics
Setting Aside Default Judgment, Order 13 Application, Costs Nisi, Summary Assessment of Costs, Strike‑out Applications
Source Language
EN
Civil Procedure Costs Insolvency Setting Aside Default Judgment Order 13 Application Costs Nisi Summary Assessment of Costs Strike‑out Applications

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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

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

2nd Defendant in HCA 1497/2022

Procedural Posture

Interlocutory Applications and Costs Proceedings / Decision on Costs Following Order 13 and Strike‑out Applications

Legal Issues

  1. 1 Whether the costs order nisi in respect of Lau's application should be varied so the receiving party is the Chen Sisters rather than Joy Rich
  2. 2 Who should pay the costs of Fameway’s strike‑out application
  3. 3 The start date for Fameway's liability for costs of the Order 13 application

Ratio Decidendi

Costs were ordered to follow the event: the receiving party for Lau’s application was varied to the Chen Sisters; Fameway was ordered to pay the Chen Sisters the costs of Fameway’s application; Fameway was ordered to pay the Chen Sisters the costs of the Order 13 application incurred after 17 February 2023; and the costs were summarily assessed at HK$500,000 for the Order 13 and Fameway applications combined and HK$200,000 for Lau’s application, with certificates for two counsel where stated.

Court Disposition

Costs orders made in favour of the Chen Sisters against Fameway and Lau as specified below

Orders

  • Vary the costs order nisi in respect of Lau’s application so that the receiving party is the Chen Sisters; Chen Sisters to receive the costs of Lau’s application with a certificate for two counsel to be summarily assessed
  • Fameway Finance Limited to pay to the Chen Sisters the costs of Fameway’s application with a certificate for two counsel to be summarily assessed