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

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

Because NHH succeeded to a limited extent (judgment for HK$20,850.50) and unconditional leave to defend was granted on the remainder, and because consolidation was declined while trial together was ordered, the appropriate costs order was that Kader pay the reserved costs of both the summary judgment and consolidation applications and the costs of the written submissions to NHH, to be taxed on the party and party basis if not agreed.

Citation
KADER INDUSTRIAL CO LTD v. NGAI HING HONG PLASTIC MATERIALS LTD
Parties
Plaintiff (hca 1534) / Defendant (counterclaim): Kader Industrial Company Limited; Defendant (hca 1534) / Plaintiff (hca 1709): Ngai Hing Hong Plastic Materials Limited; Third Party: Million Supply Limited trading as Wah Cheong Hong; Fourth Party: Luen Fung Hong Plastic Materials Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2007
Case Number
HCA1534/2003
Procedural Posture
Civil (commercial Contract Dispute) / Judgment on Costs
Outcome
Reserved costs awarded to NHH; Kader ordered to pay reserved costs of disputed applications and costs of written submissions.
Legal Topics
Summary Judgment, Set Off, Consolidation, Costs of Proceedings, Leave to Defend
Source Language
EN
Civil Commercial Contract Procedure Costs Summary Judgment Set Off Consolidation +2 more

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Parties

Kader Industrial Company Limited

Plaintiff (hca 1534) / Defendant (counterclaim)

Ngai Hing Hong Plastic Materials Limited

Defendant (hca 1534) / Plaintiff (hca 1709)

Million Supply Limited trading as Wah Cheong Hong

Third Party

Luen Fung Hong Plastic Materials Company Limited

Fourth Party

Procedural Posture

Civil (commercial Contract Dispute) / Judgment on Costs

Legal Issues

  1. 1 Whether NHH was entitled to summary judgment on unpaid resin invoices
  2. 2 Whether Kader could set off its damage claim in HCA 1534 against NHH's claims in HCA 1709
  3. 3 Whether the two actions should be consolidated or tried together

Ratio Decidendi

Because NHH succeeded to a limited extent (judgment for HK$20,850.50) and unconditional leave to defend was granted on the remainder, and because consolidation was declined while trial together was ordered, the appropriate costs order was that Kader pay the reserved costs of both the summary judgment and consolidation applications and the costs of the written submissions to NHH, to be taxed on the party and party basis if not agreed.

Court Disposition

Reserved costs awarded to NHH; Kader ordered to pay reserved costs of disputed applications and costs of written submissions.

Orders

  • Kader Industrial Company Limited to pay the reserved costs of NHH'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 relating to Kader's consolidation application (declined) and related procedural orders, to be taxed on the party and party basis if not agreed.