DINGWAY INVESTMENT LTD (Provisional Liquidators Appointed) v. CHINA CITY CONSTRUCTION & DEVELOPMENT CO (HONG KONG) LTD AND OTHERS

DINGWAY INVESTMENT LTD (Provisional Liquidators Appointed) v. CHINA CITY CONSTRUCTION & DEVELOPMENT CO (HONG KONG) LTD AND OTHERS

The application for summary assessment was dismissed because the costs orders had been made on nisi and no application under O 42 r 5B was made within 14 days to vary them, rendering the court functus in respect of those orders; additionally, the complexity and overlapping nature of the costs required detailed...

Source-derived case information.

Citation
[2024] HKCFI 192
Parties
Plaintiff (hca 309/2022); 2nd Respondent (hccw 30/2022): Dingway Investment Limited; 1st Defendant (hca 309/2022): China City Construction & Development Co., (Hong Kong) Limited; 2nd Defendant (hca 309/2022): Zeng Yuqi; 3rd Defendant (hca 309/2022): Sze Wai Suen; 4th Defendant (hca 309/2022): Rega Center LLC; 5th Defendant (hca 309/2022): Rega Center Miami Holdings LLC (formerly known as CCCC INTERNATIONAL USA LLC); 6th Defendant (hca 309/2022): Golden Gate International Investment Co., Limited; 7th Defendant (hca 309/2022): Rega Holdings Limited; 8th Defendant (hca 309/2022): CCCC Miami Beach LLC; 9th Defendant (hca 309/2022): Mei Li (also known as Li Mei); Petitioner (hccw 30/2022): China City Construction (International) Co, Limited; 1st Respondent (hccw 30/2022): Champ Prestige International Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2024
Case Number
HCA309/2022
Procedural Posture
Civil: Companies/winding Up and Related Action / Application for Summary Assessment of Costs; Decision Dismissing Application and Hearing on Costs to Follow
Outcome
Application for summary assessment of costs dismissed; parties to be heard on costs; costs to be taxed in accordance with normal practice.
Legal Topics
Summary Assessment of Costs, Nisi Costs Orders, Functus Officio, Taxation of Costs, Apportionment of Costs
Source Language
en
Civil Procedure Company Law Costs Insolvency/winding Up Summary Assessment of Costs Nisi Costs Orders Functus Officio Taxation of Costs +1 more

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Parties

Dingway Investment Limited

Plaintiff (hca 309/2022); 2nd Respondent (hccw 30/2022)

China City Construction & Development Co., (Hong Kong) Limited

1st Defendant (hca 309/2022)

Zeng Yuqi

2nd Defendant (hca 309/2022)

Sze Wai Suen

3rd Defendant (hca 309/2022)

Rega Center LLC

4th Defendant (hca 309/2022)

Rega Center Miami Holdings LLC (formerly known as CCCC INTERNATIONAL USA LLC)

5th Defendant (hca 309/2022)

Golden Gate International Investment Co., Limited

6th Defendant (hca 309/2022)

Rega Holdings Limited

7th Defendant (hca 309/2022)

CCCC Miami Beach LLC

8th Defendant (hca 309/2022)

Mei Li (also known as Li Mei)

9th Defendant (hca 309/2022)

China City Construction (International) Co, Limited

Petitioner (hccw 30/2022)

Champ Prestige International Limited

1st Respondent (hccw 30/2022)

Procedural Posture

Civil: Companies/winding Up and Related Action / Application for Summary Assessment of Costs; Decision Dismissing Application and Hearing on Costs to Follow

Legal Issues

  1. 1 Whether the court should order summary assessment of costs ordered in the Decision dated 29 July 2022
  2. 2 Whether the court is functus officio because costs orders were made on nisi and no variation application under O 42 r 5B was made within 14 days
  3. 3 Whether the complexity and overlapping of costs preclude a fair summary assessment

Ratio Decidendi

The application for summary assessment was dismissed because the costs orders had been made on nisi and no application under O 42 r 5B was made within 14 days to vary them, rendering the court functus in respect of those orders; additionally, the complexity and overlapping nature of the costs required detailed taxation rather than summary assessment.

Court Disposition

Application for summary assessment of costs dismissed; parties to be heard on costs; costs to be taxed in accordance with normal practice.

Orders

  • Application for summary assessment of costs dismissed.
  • Parties to be heard on costs.