SUM YEE MING 對 THE MANUFACTURERS LIFE INSURANCE CO 及另一人

SUM YEE MING 對 THE MANUFACTURERS LIFE INSURANCE CO 及另一人

The plaintiff failed to present any arguable grounds to vary the interim costs order: the second defendant's summons was validly served, the plaintiff confirmed receipt and declined the court's offer of an adjournment, and therefore the application to vary was dismissed and the plaintiff was ordered to pay the...

Source-derived case information.

Citation
[2020] HKCFI 390
Parties
Plaintiff: Sum Yee Ming; First Defendant: The Manufacturers Life Insurance Company; Second Defendant: Government of the Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2020
Case Number
HCA837/2019
Procedural Posture
Civil Litigation / Interlocutory Application to Vary Interim Costs Order
Outcome
Application dated 5 November 2019 dismissed; plaintiff ordered to pay the second defendant's costs; costs summarily assessed at HK$20,000.
Legal Topics
Striking Out, Interim Costs Order, Service of Summons, Summary Assessment of Costs, Applications to Vary Orders
Source Language
ch
Civil Procedure Costs Service of Process Striking Out Interim Costs Order Service of Summons Summary Assessment of Costs Applications to Vary Orders

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Parties

Sum Yee Ming

Plaintiff

The Manufacturers Life Insurance Company

First Defendant

Government of the Hong Kong Special Administrative Region

Second Defendant

Procedural Posture

Civil Litigation / Interlocutory Application to Vary Interim Costs Order

  1. 1 Whether the plaintiff established grounds to vary the interim costs order made on 31 October 2019
  2. 2 Whether the plaintiff was validly served with the second defendant's summons and whether procedural unfairness occurred
  3. 3 Whether the court should set aside the order striking out the plaintiff's claims against the second defendant

Ratio Decidendi

The plaintiff failed to present any arguable grounds to vary the interim costs order: the second defendant's summons was validly served, the plaintiff confirmed receipt and declined the court's offer of an adjournment, and therefore the application to vary was dismissed and the plaintiff was ordered to pay the second defendant's costs, summarily assessed at HK$20,000.

Court Disposition

Application dated 5 November 2019 dismissed; plaintiff ordered to pay the second defendant's costs; costs summarily assessed at HK$20,000.

Orders

  • The plaintiff's 5 November 2019 application is dismissed.
  • The plaintiff must pay the second defendant's costs within 21 days.