TRUE RANK HOLDINGS LTD v. LAM KA CHUNG, WILLIAM AND OTHERS

TRUE RANK HOLDINGS LTD v. LAM KA CHUNG, WILLIAM AND OTHERS

The judge refused to depart from the normal practice of ordering interlocutory costs to be paid in any event because the strike out application was not plainly inappropriate or abusive and there was no sufficient reason to impose the punitive remedy of taxing and paying forthwith; likewise the application to extend...

Source-derived case information.

Citation
TRUE RANK HOLDINGS LTD v. LAM KA CHUNG, WILLIAM AND OTHERS
Parties
1st Plaintiff: TRUE RANK HOLDINGS LIMITED; 2nd Plaintiff: CHUN SING CHINA LIMITED; 1st Defendant: 1st Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 February 2004
Case Number
HCMP4078/2003
Procedural Posture
Miscellaneous Proceedings (court of First Instance) Originating Summons / Interlocutory Applications: Strike Out Application and Costs Application; Separate Application for Extension of Time/stay Pending Appeal
Outcome
1st defendant's application to strike out dismissed; costs awarded to plaintiffs in any event (nisi) with certificate for two counsel; application for extension of time/stay pending appeal refused.
Legal Topics
Striking Out, Interlocutory Costs, Taxation of Costs, Extension of Time, Stay Pending Appeal
Source Language
en
Civil Procedure Costs Appeal Commercial Litigation Striking Out Interlocutory Costs Taxation of Costs Extension of Time +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TRUE RANK HOLDINGS LIMITED

1st Plaintiff

CHUN SING CHINA LIMITED

2nd Plaintiff

1st Defendant

1st Defendant

Procedural Posture

Miscellaneous Proceedings (court of First Instance) Originating Summons / Interlocutory Applications: Strike Out Application and Costs Application; Separate Application for Extension of Time/stay Pending Appeal

Legal Issues

  1. 1 Whether the 1st defendant's originating summons should be struck out and whether that application was inappropriate so as to justify ordering costs to be taxed and paid forthwith
  2. 2 Whether to extend time for filing affidavit and effectively stay proceedings pending a contemplated appeal

Ratio Decidendi

The judge refused to depart from the normal practice of ordering interlocutory costs to be paid in any event because the strike out application was not plainly inappropriate or abusive and there was no sufficient reason to impose the punitive remedy of taxing and paying forthwith; likewise the application to extend time and stay proceedings pending a possible appeal was refused because no good reason was shown and the extension would cause prejudice and delay.

Court Disposition

1st defendant's application to strike out dismissed; costs awarded to plaintiffs in any event (nisi) with certificate for two counsel; application for extension of time/stay pending appeal refused.

Orders

  • 1st defendant's application to strike out the Originating Summons dismissed.
  • Costs awarded to the plaintiffs in any event (nisi) with certificate for two counsel.