SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN WAI CHUNG AND OTHERS

SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN WAI CHUNG AND OTHERS

The court upheld the non-party's entitlement to costs on a common fund basis for both the application below and the appeal and, because the 1st defendants were partially successful on the appeal and the substantial costs related to the merits, varied the costs order nisi as to the plaintiffs so that 80% of the plaintiffs' costs of the appeal are payable by the 1st defendants to the plaintiffs to be taxed on a party and party basis, if not agreed.

Citation
SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN WAI CHUNG AND OTHERS
Parties
1st Plaintiff: SINO FAVOUR DEVELOPMENT LIMITED; 2nd Plaintiff: SHINY DEVELOP LIMITED; 1st Defendant: KAN WAI CHUNG; 1st Defendant: KAN KAR FAI; 1st Defendant: KAN WAI MING; 1st Defendant: LAU FOOK KEUNG; 1st Defendant: KAN FOR PING STEVEN; 2nd Defendant: BARBICAN CAPITAL INVESTMENT LIMITED; 3rd Defendant: TSANG WING KEI, WILKIE; Non Party: NON-PARTY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 2010
Case Number
HCA1517/2005
Procedural Posture
Civil (consolidated Actions) Appeal on Costs and Specific Discovery Application / Ruling on Costs (post Appeal)
Outcome
Costs order nisi varied in part: non-party awarded costs on a common fund basis; plaintiffs awarded 80% of their appeal costs against the 1st defendants on a party and party basis.
Legal Topics
Specific Discovery, Costs Orders, Taxation of Costs, Apportionment of Costs, Common Fund Basis, Indemnity Costs, Party and Party Costs, Variation of Costs Order
Source Language
EN
Civil Procedure Costs Discovery Appeal Specific Discovery Costs Orders Taxation of Costs Apportionment of Costs +4 more

Case Brief

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Parties

SINO FAVOUR DEVELOPMENT LIMITED

1st Plaintiff

SHINY DEVELOP LIMITED

2nd Plaintiff

KAN WAI CHUNG

1st Defendant

KAN KAR FAI

1st Defendant

KAN WAI MING

1st Defendant

LAU FOOK KEUNG

1st Defendant

KAN FOR PING STEVEN

1st Defendant

BARBICAN CAPITAL INVESTMENT LIMITED

2nd Defendant

TSANG WING KEI, WILKIE

3rd Defendant

NON-PARTY

Non Party

Procedural Posture

Civil (consolidated Actions) Appeal on Costs and Specific Discovery Application / Ruling on Costs (post Appeal)

Legal Issues

  1. 1 Whether the costs order nisi should be varied
  2. 2 Whether costs should be on a common fund, indemnity or party and party basis
  3. 3 Whether apportionment of costs is required where appellant was partially successful

Ratio Decidendi

The court upheld the non-party's entitlement to costs on a common fund basis for both the application below and the appeal and, because the 1st defendants were partially successful on the appeal and the substantial costs related to the merits, varied the costs order nisi as to the plaintiffs so that 80% of the plaintiffs' costs of the appeal are payable by the 1st defendants to the plaintiffs to be taxed on a party and party basis, if not agreed.

Court Disposition

Costs order nisi varied in part: non-party awarded costs on a common fund basis; plaintiffs awarded 80% of their appeal costs against the 1st defendants on a party and party basis.

Orders

  • Costs of the application below to be paid by the 1st defendants to the non-party to be taxed on a common fund basis, if not agreed.
  • Costs of the appeal to be paid by the 1st defendants to the non-party to be taxed on a common fund basis, if not agreed.