LEUNG YUET CHING AND ANOTHER v. LEUNG YUET KUEN AND ANOTHER

LEUNG YUET CHING AND ANOTHER v. LEUNG YUET KUEN AND ANOTHER

Leave to discontinue was granted because defendants reinstated plaintiffs and the action became academic; however plaintiffs were not awarded costs of the action or of the interim injunction because the circumstances did not establish certainty of plaintiffs' success or an admission of defeat by defendants; therefore the normal rule awarding defendants costs on discontinuance was applied, save that costs of the current summonses and the application for late filing of affirmations were ordered to defendants (nisi).

Citation
LEUNG YUET CHING AND ANOTHER v. LEUNG YUET KUEN AND ANOTHER
Parties
1st Plaintiff: LEUNG YUET CHING; 2nd Plaintiff: CHONG KAI CHIU; 1st Defendant: LEUNG YUET KUEN; 2nd Defendant: WONG SHU WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2001
Case Number
HCA9924/2000
Procedural Posture
Civil Company/shareholder Dispute / Application for Discontinuance and Costs Following Interim Injunction
Outcome
Plaintiffs granted leave to discontinue; no order as to costs of the action or costs reserved by 8 and 17 November 2000; costs of this summons and the plaintiffs' summons dated 6 September 2001 (and application for late filing of affirmations) awarded to defendants (nisi) to be taxed if not agreed.
Legal Topics
Share Transfer, Declaration of Trust, Interim Injunction, Discontinuance, Costs on Discontinuance, Allegation of Forgery/fraud
Source Language
EN
Company Law Civil Procedure Equity Costs Law Injunctions Share Transfer Declaration of Trust Interim Injunction +3 more

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Parties

LEUNG YUET CHING

1st Plaintiff

CHONG KAI CHIU

2nd Plaintiff

LEUNG YUET KUEN

1st Defendant

WONG SHU WAH

2nd Defendant

Procedural Posture

Civil Company/shareholder Dispute / Application for Discontinuance and Costs Following Interim Injunction

Legal Issues

  1. 1 Whether plaintiffs are entitled to costs on discontinuance
  2. 2 Whether plaintiffs are entitled to costs of the ex parte interim injunction and its discharge
  3. 3 Whether the discontinuance was due to the action becoming academic or to plaintiff success/defeat

Ratio Decidendi

Leave to discontinue was granted because defendants reinstated plaintiffs and the action became academic; however plaintiffs were not awarded costs of the action or of the interim injunction because the circumstances did not establish certainty of plaintiffs' success or an admission of defeat by defendants; therefore the normal rule awarding defendants costs on discontinuance was applied, save that costs of the current summonses and the application for late filing of affirmations were ordered to defendants (nisi).

Court Disposition

Plaintiffs granted leave to discontinue; no order as to costs of the action or costs reserved by 8 and 17 November 2000; costs of this summons and the plaintiffs' summons dated 6 September 2001 (and application for late filing of affirmations) awarded to defendants (nisi) to be taxed if not agreed.

Orders

  • The plaintiffs have leave to discontinue the whole of this action
  • There be no other order as to the costs of the action, including those reserved by the orders of 8 and 17 November 2000