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

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

The court varied the costs order nisi: non-party costs remain to be taxed on a common fund basis; the 1st defendants must pay 80% of the plaintiffs' costs of the appeal to the plaintiffs to be taxed on a party and party basis; costs of the application to vary the order are treated as part of the appeal costs.

Citation
SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN WAI MING AND OTHERS
Parties
1st Plaintiff: SINO FAVOUR DEVELOPMENT LIMITED; 2nd Plaintiff: SHINY DEVELOP LIMITED; 1st Defendant (action No.1517): KAN WAI CHUNG; 1st Defendant (action No.1518): KAN KAR FAI; 1st Defendant (action No.1519): KAN WAI MING; 1st Defendant (action No.1520): LAU FOOK KEUNG; 1st Defendant (action No.1521): 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
HCA1519/2005
Procedural Posture
Consolidated Civil Actions Application for Specific Discovery and Appeal / Ruling on Costs (decision)
Outcome
Costs order nisi varied in part: non-party awarded common fund costs; plaintiffs awarded 80% of appeal costs recoverable from 1st defendants on party and party basis; application costs treated as part of appeal costs.
Legal Topics
Specific Discovery, Costs Order Nisi, Taxation, Common Fund, Indemnity Costs, Party and Party Costs, Apportionment
Source Language
EN
Civil Procedure Costs Discovery Appeals Specific Discovery Costs Order Nisi Taxation Common Fund +3 more

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Parties

SINO FAVOUR DEVELOPMENT LIMITED

1st Plaintiff

SHINY DEVELOP LIMITED

2nd Plaintiff

KAN WAI CHUNG

1st Defendant (action No.1517)

KAN KAR FAI

1st Defendant (action No.1518)

KAN WAI MING

1st Defendant (action No.1519)

LAU FOOK KEUNG

1st Defendant (action No.1520)

KAN FOR PING STEVEN

1st Defendant (action No.1521)

BARBICAN CAPITAL INVESTMENT LIMITED

2nd Defendant

TSANG WING KEI, WILKIE

3rd Defendant

Non-Party

Non Party

Procedural Posture

Consolidated Civil Actions Application for Specific Discovery and Appeal / Ruling on Costs (decision)

Legal Issues

  1. 1 Whether the costs order nisi should be varied as to the plaintiffs
  2. 2 Whether costs should be apportioned to reflect partial success on appeal
  3. 3 Appropriate basis for taxation (common fund vs indemnity vs party and party)

Ratio Decidendi

The court varied the costs order nisi: non-party costs remain to be taxed on a common fund basis; the 1st defendants must pay 80% of the plaintiffs' costs of the appeal to the plaintiffs to be taxed on a party and party basis; costs of the application to vary the order are treated as part of the appeal costs.

Court Disposition

Costs order nisi varied in part: non-party awarded common fund costs; plaintiffs awarded 80% of appeal costs recoverable from 1st defendants on party and party basis; application costs treated as part of appeal costs.

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