HO YUEN KI WINNIE AND ANOTHER v. HO HUNG SUN STANLEY AND ANOTHER

HO YUEN KI WINNIE AND ANOTHER v. HO HUNG SUN STANLEY AND ANOTHER

The judge concluded the 1st defendant was materially successful on the discovery application and that 'costs in the cause' did not reflect that success; accordingly the costs order nisi was varied to award 50% of the costs of the discovery application to the 1st defendant, to be taxed if not agreed, with a certificate for two counsel, and the court refused a gross sum assessment because the claimed costs were large and required taxation.

Citation
HO YUEN KI WINNIE AND ANOTHER v. HO HUNG SUN STANLEY AND ANOTHER
Parties
1st Plaintiff: HO YUEN KI WINNIE; 2nd Plaintiff: MOON VALLEY FOUNDATION LIMITED; 1st Defendant: HO HUNG SUN STANLEY; 2nd Defendant: SOCIEDADE DE TURISMO E DIVERSOES DE MACAU, S.A.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2009
Case Number
HCA391/2006
Procedural Posture
Civil Action (discovery Application) / Costs Judgment (variation of Costs Order Nisi)
Outcome
Costs order nisi varied and made absolute in part: 50% of the costs of the discovery application to be paid by the plaintiffs to the 1st defendant, to be taxed if not agreed, with a certificate for two counsel; no gross sum assessment; costs of the application to vary to form part of the discovery costs.
Legal Topics
Specific Discovery, Production of Documents, Variation of Costs Order, Taxation of Costs, Certificate for Two Counsel
Source Language
EN
Civil Procedure Costs Discovery Specific Discovery Production of Documents Variation of Costs Order Taxation of Costs Certificate for Two Counsel

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Parties

HO YUEN KI WINNIE

1st Plaintiff

MOON VALLEY FOUNDATION LIMITED

2nd Plaintiff

HO HUNG SUN STANLEY

1st Defendant

SOCIEDADE DE TURISMO E DIVERSOES DE MACAU, S.A.

2nd Defendant

Procedural Posture

Civil Action (discovery Application) / Costs Judgment (variation of Costs Order Nisi)

Legal Issues

  1. 1 Whether the 1st defendant was substantially successful on the specific discovery application such that the costs order nisi should be varied
  2. 2 Whether costs should be assessed on a gross sum basis or by taxation
  3. 3 Allocation and percentage of costs between parties given partial success of both sides

Ratio Decidendi

The judge concluded the 1st defendant was materially successful on the discovery application and that 'costs in the cause' did not reflect that success; accordingly the costs order nisi was varied to award 50% of the costs of the discovery application to the 1st defendant, to be taxed if not agreed, with a certificate for two counsel, and the court refused a gross sum assessment because the claimed costs were large and required taxation.

Court Disposition

Costs order nisi varied and made absolute in part: 50% of the costs of the discovery application to be paid by the plaintiffs to the 1st defendant, to be taxed if not agreed, with a certificate for two counsel; no gross sum assessment; costs of the application to vary to form part of the discovery costs.

Orders

  • 50% of the costs of the discovery application to be paid by the plaintiffs to the 1st defendant, to be taxed if not agreed, with a certificate for two counsel
  • No gross sum assessment to be made; costs to be taxed by a taxing master if not agreed