NGAI HING HONG PLASTIC MATERIALS LTD v. KADER INDUSTRIAL CO LTD

NGAI HING HONG PLASTIC MATERIALS LTD v. KADER INDUSTRIAL CO LTD

Because Deputy High Court Judge Saunders granted unconditional leave to defend and awarded judgment only on a narrow subset of transactions (HK$20,850.50) while refusing consolidation but ordering trial together, the appropriate order follows the usual course of costs in the cause; accordingly Kader must pay the reserved costs of the summary judgment and consolidation applications and the costs of written submissions to NHH, to be taxed on the party and party basis if not agreed.

Citation
NGAI HING HONG PLASTIC MATERIALS LTD v. KADER INDUSTRIAL CO LTD
Parties
Plaintiff (hca 1534/2003); Defendant (counterclaim): Kader Industrial Company Limited; Defendant (hca 1534/2003); Plaintiff (hca 1709/2003): Ngai Hing Hong Plastic Materials Limited; Third Party (hca 1534/2003): Million Supply Limited trading as Wah Cheong Hong; Fourth Party (hca 1534/2003): Luen Fung Hong Plastic Materials Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2007
Case Number
HCA1709/2003
Procedural Posture
Civil / Judgment on Costs
Outcome
Reserved costs awarded to Ngai Hing Hong Plastic Materials Limited; Kader Industrial Company Limited ordered to pay such reserved costs and costs of written submissions; to be taxed on party and party basis if not agreed
Legal Topics
Summary Judgment, Set Off, Consolidation, Costs Orders, Trial Together
Source Language
EN
Civil Procedure Contract Costs Summary Judgment Set Off Consolidation Costs Orders Trial Together

Case Brief

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kader Industrial Company Limited

Plaintiff (hca 1534/2003); Defendant (counterclaim)

Ngai Hing Hong Plastic Materials Limited

Defendant (hca 1534/2003); Plaintiff (hca 1709/2003)

Million Supply Limited trading as Wah Cheong Hong

Third Party (hca 1534/2003)

Luen Fung Hong Plastic Materials Company Limited

Fourth Party (hca 1534/2003)

Procedural Posture

Civil / Judgment on Costs

Legal Issues

  1. 1 Whether costs reserved in respect of the summary judgment application should be paid by Kader
  2. 2 Whether costs reserved in respect of Kader's application to consolidate should be paid by Kader
  3. 3 Whether Kader was entitled to set off its damages claim in HCA 1534/2003 against NHH's claims in HCA 1709/2003

Ratio Decidendi

Because Deputy High Court Judge Saunders granted unconditional leave to defend and awarded judgment only on a narrow subset of transactions (HK$20,850.50) while refusing consolidation but ordering trial together, the appropriate order follows the usual course of costs in the cause; accordingly Kader must pay the reserved costs of the summary judgment and consolidation applications and the costs of written submissions to NHH, to be taxed on the party and party basis if not agreed.

Court Disposition

Reserved costs awarded to Ngai Hing Hong Plastic Materials Limited; Kader Industrial Company Limited ordered to pay such reserved costs and costs of written submissions; to be taxed on party and party basis if not agreed

Orders

  • Kader Industrial Company Limited to pay the reserved costs of Ngai Hing Hong Plastic Materials Limited's summary judgment application, to be taxed on the party and party basis if not agreed
  • Kader Industrial Company Limited to pay the reserved costs of Kader's consolidation application (declined) relating to the two actions, to be taxed on the party and party basis if not agreed