STEWART WILLIAM GEORGE ELLIOTT AND ANOTHER v. SLIPFORM ENGINEERING LTD. AND ANOTHER

STEWART WILLIAM GEORGE ELLIOTT AND ANOTHER v. SLIPFORM ENGINEERING LTD. AND ANOTHER

The appeal was allowed and the Master's order set aside; costs were apportioned because the appeal was necessary to correct the Master's order but the plaintiffs' last‑minute amendments entitled them only to 80% of the appeal costs; defendants bear costs of amendments; specific hearings have allocated costs as ordered.

Citation
STEWART WILLIAM GEORGE ELLIOTT AND ANOTHER v. SLIPFORM ENGINEERING LTD. AND ANOTHER
Parties
1st Plaintiff: Stewart William George Elliott; 2nd Plaintiff: Slipform Engineering 2000 Limited; 1st Defendant: Slipform Engineering Limited; 2nd Defendant: Hopewell Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2002
Case Number
HCA9960/2000
Procedural Posture
Civil Appeal (strike Out Application) / Ruling on Costs
Outcome
Appeal allowed; Master's order of 13 June 2001 set aside; defendants' application to strike out the Statement of Claim dismissed; costs ordered as below.
Legal Topics
Striking Out, Amendment of Pleadings, Costs Allocation, Leave to Amend
Source Language
EN
Civil Procedure Costs Appeal Contract Striking Out Amendment of Pleadings Costs Allocation Leave to Amend

Case Brief

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Parties

Stewart William George Elliott

1st Plaintiff

Slipform Engineering 2000 Limited

2nd Plaintiff

Slipform Engineering Limited

1st Defendant

Hopewell Holdings Limited

2nd Defendant

Procedural Posture

Civil Appeal (strike Out Application) / Ruling on Costs

Legal Issues

  1. 1 Whether the appeal was necessary to correct the Master's order
  2. 2 How costs should be apportioned given late amendments to the Statement of Claim
  3. 3 Who should bear the costs of the amendments and specific hearings

Ratio Decidendi

The appeal was allowed and the Master's order set aside; costs were apportioned because the appeal was necessary to correct the Master's order but the plaintiffs' last‑minute amendments entitled them only to 80% of the appeal costs; defendants bear costs of amendments; specific hearings have allocated costs as ordered.

Court Disposition

Appeal allowed; Master's order of 13 June 2001 set aside; defendants' application to strike out the Statement of Claim dismissed; costs ordered as below.

Orders

  • Costs of and occasioned by the amendments to the Statement of Claim to the defendants in any event
  • Defendants to pay to the plaintiffs 80% of the costs of the appeal in any event save that the costs of the hearing on 10 January 2002 shall be paid by the plaintiffs to the defendant in any event