TIN WAN TUNG v. WONG SEE YIN AND OTHERS

TIN WAN TUNG v. WONG SEE YIN AND OTHERS

The court refused to vary the costs order nisi and made it absolute because the defendants demonstrated they intended to substantially dispute both the necessity and the quantum of the costs claimed from a four‑day taxation review with total claimed costs of about HK$200,000; those substantive disputes meant summary assessment was inappropriate and the court exercised its discretion to require full taxation.

Citation
TIN WAN TUNG v. WONG SEE YIN AND OTHERS
Parties
Plaintiff (hca167/2011): Tin Wan Tung; Plaintiff (hca1801/2010): Full Pacific Development Limited; 1st Defendant: Wong See Yin; 2nd Defendant: Matrix Wealth Limited; 3rd Defendant: Fully Fortune (Asia) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2016
Case Number
HCA167/2011
Procedural Posture
Consolidated High Court Actions Involving Taxation Review of Costs and Application to Vary Costs Order Nisi / Decision on Application to Vary Costs Order Nisi and on Whether to Order Summary Assessment of Taxation Review Costs
Outcome
Application to vary the costs order nisi to an order for summary assessment refused; costs order nisi made absolute; original direction that defendants pay plaintiffs' costs of the taxation review (to be taxed if not agreed) stands.
Legal Topics
Summary Assessment of Costs, Taxation Review, Costs Order Nisi, Order 62 Rule 9, Common Fund Costs, Legal Aid
Source Language
EN
Civil Procedure Costs and Taxation of Costs Judicial Review of Taxation Decisions Appeal and Stay Applications Competition Law (argument Raised) Summary Assessment of Costs Taxation Review Costs Order Nisi +3 more

Case Brief

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Parties

Tin Wan Tung

Plaintiff (hca167/2011)

Full Pacific Development Limited

Plaintiff (hca1801/2010)

Wong See Yin

1st Defendant

Matrix Wealth Limited

2nd Defendant

Fully Fortune (Asia) Limited

3rd Defendant

Procedural Posture

Consolidated High Court Actions Involving Taxation Review of Costs and Application to Vary Costs Order Nisi / Decision on Application to Vary Costs Order Nisi and on Whether to Order Summary Assessment of Taxation Review Costs

Legal Issues

  1. 1 Whether the court should vary the existing order nisi to direct summary assessment of the costs of taxation review
  2. 2 Whether substantial disputes as to necessity and quantum of costs require full taxation rather than summary assessment
  3. 3 Whether pending appeal or stay or competition law arguments preclude summary assessment

Ratio Decidendi

The court refused to vary the costs order nisi and made it absolute because the defendants demonstrated they intended to substantially dispute both the necessity and the quantum of the costs claimed from a four‑day taxation review with total claimed costs of about HK$200,000; those substantive disputes meant summary assessment was inappropriate and the court exercised its discretion to require full taxation.

Court Disposition

Application to vary the costs order nisi to an order for summary assessment refused; costs order nisi made absolute; original direction that defendants pay plaintiffs' costs of the taxation review (to be taxed if not agreed) stands.

Orders

  • Application to vary costs order nisi refused
  • Costs order nisi made absolute