YIM TIN FOOK AND ANOTHER v. YU CHOR LAI AND OTHERS

YIM TIN FOOK AND ANOTHER v. YU CHOR LAI AND OTHERS

Costs thrown away as a result of the purple version of the counterclaim and costs of and occasioned by that amendment shall be to D8 to be borne by D2/P in any event (not to be taxed and paid forthwith); the application for taxation forthwith of the master’s striking out summons is dismissed; costs of the striking out summons before the master remain to D8; costs of this summons awarded to D8 summarily assessed at HKD 10,000.

Citation
YIM TIN FOOK AND ANOTHER v. YU CHOR LAI AND OTHERS
Parties
1st Plaintiff (original Action); 1st Defendant (counterclaim): Yim Tin Fook; 2nd Plaintiff (original Action); 2nd Defendant (counterclaim): Yim Tin Yau; 1st Defendant (original Action): Yu Chor Lai; 1st Defendant (original Action): Kong Wai Hung; 1st Defendant (original Action): Sou Ka Lun trading as Wang Cheung Industrial Chemicals Co.; 2nd Defendant (original Action); Plaintiff (counterclaim): To Cheong Lam; 3rd Defendant (counterclaim): Chan Hi; 4th Defendant (counterclaim): Yeung Hong Sang; 5th Defendant (counterclaim): Chan Wai Kin; 5th Defendant (counterclaim): Po Yuen Kwan Shirley; 6th Defendant (counterclaim): Leung Kwan Pok Ken; 7th Defendant (counterclaim): W.S. Realty Company Limited; 8th Defendant (counterclaim): To Shui Ki; 9th Defendant (counterclaim): Wu Chun Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2015
Case Number
HCA2613/2006
Procedural Posture
High Court Civil Appeal Against Master's Striking Out Order With Related Costs Summons / Chambers Decision on Costs Summons (decision Dated 17 September 2015)
Outcome
Application partially granted and partially dismissed as to costs: order that costs thrown away and costs occasioned by the purple amendment be to D8 to be borne by D2/P in any event; application for taxation forthwith dismissed; other costs orders as below.
Legal Topics
Strike Out, Amendment of Pleadings, Costs Orders, Taxation of Costs, Order Nisi, Inherent Jurisdiction to Vary Orders
Source Language
EN
Civil Procedure Costs Pleadings Appeal Strike Out Amendment of Pleadings Costs Orders Taxation of Costs +2 more

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Parties

Yim Tin Fook

1st Plaintiff (original Action); 1st Defendant (counterclaim)

Yim Tin Yau

2nd Plaintiff (original Action); 2nd Defendant (counterclaim)

Yu Chor Lai

1st Defendant (original Action)

Kong Wai Hung

1st Defendant (original Action)

Sou Ka Lun trading as Wang Cheung Industrial Chemicals Co.

1st Defendant (original Action)

To Cheong Lam

2nd Defendant (original Action); Plaintiff (counterclaim)

Chan Hi

3rd Defendant (counterclaim)

Yeung Hong Sang

4th Defendant (counterclaim)

Chan Wai Kin

5th Defendant (counterclaim)

Po Yuen Kwan Shirley

5th Defendant (counterclaim)

Leung Kwan Pok Ken

6th Defendant (counterclaim)

W.S. Realty Company Limited

7th Defendant (counterclaim)

To Shui Ki

8th Defendant (counterclaim)

Wu Chun Wai

9th Defendant (counterclaim)

Procedural Posture

High Court Civil Appeal Against Master's Striking Out Order With Related Costs Summons / Chambers Decision on Costs Summons (decision Dated 17 September 2015)

Legal Issues

  1. 1 Whether costs thrown away as a result of the purple version of the counterclaim should be payable forthwith or only payable in any event
  2. 2 Whether the taxation of costs of the striking out summons before the master should be ordered to be taxed and paid forthwith
  3. 3 Whether the court should vary its costs order nisi and exercise its inherent jurisdiction to revisit costs prior to sealing

Ratio Decidendi

Costs thrown away as a result of the purple version of the counterclaim and costs of and occasioned by that amendment shall be to D8 to be borne by D2/P in any event (not to be taxed and paid forthwith); the application for taxation forthwith of the master’s striking out summons is dismissed; costs of the striking out summons before the master remain to D8; costs of this summons awarded to D8 summarily assessed at HKD 10,000.

Court Disposition

Application partially granted and partially dismissed as to costs: order that costs thrown away and costs occasioned by the purple amendment be to D8 to be borne by D2/P in any event; application for taxation forthwith dismissed; other costs orders as below.

Orders

  • Costs thrown away as a result of the purple version of the counterclaim and costs of and occasioned by that amendment shall be to D8 to be borne by D2/P in any event
  • The application for taxation forthwith of the costs of the striking out summons before the master (paragraph 1B) is dismissed