PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

The court declined plaintiffs' wider requests for indemnity or wasted costs against D3 or TCW absent proper evidence and application; varied the costs nisi to make D4 and D6 liable to plaintiffs for costs up to 27 August 2015; ordered D3 liable for costs relating to the IHAL Share Pledge Agreements subject to a specified apportionment between IHAL and LOU claims and between hearing and pre-hearing costs; awarded D3 costs of opposing the LOU claims in any event; ordered plaintiffs to pay D3's costs of D3's Submissions in Answer; refused plaintiffs' request to displace the usual costs consequence of a late amendment.

Citation
PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS
Parties
1st Plaintiff: PACIFIC HARBOR ADVISORS PTE LTD; 2nd Plaintiff: PACIFIC HARBOUR SPECIAL HOLDINGS LIMITED; 1st Defendant: WINSON FEDERAL LIMITED; 2nd Defendant: FREDERICK, KAN KA CHONG (executor of the Estate of Cho Yuk Kei Carlos); 3rd Defendant: CHO WOON MING VINCENT; 4th Defendant: INTERNATIONAL HOTELIERS & ASSOCIATES LIMITED; 5th Defendant: UP SPEED INVESTMENTS LIMITED; 6th Defendant: RANMARK INVESTMENTS LIMITED; 7th Defendant: FURAMA (SHENYANG) COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2016
Case Number
HCA1257/2013
Procedural Posture
Civil Summary Judgment Application / Costs Determination Following Substantive Summary Judgment (post Judgment Costs Hearing)
Outcome
Costs orders nisi varied and specified allocations and apportionments made; no indemnity or wasted costs order granted against D3 or TCW on the basis advanced by plaintiffs; limited awards of costs to various parties as set out below.
Legal Topics
Summary Judgment, Costs Nisi and Variation, Indemnity Costs, Wasted Costs, Apportionment of Costs, Specific Performance, Guarantee/discharge, Leave to Defend
Source Language
EN
Civil Procedure Costs Law Contract Enforcement Equitable Remedies Summary Judgment Costs Nisi and Variation Indemnity Costs Wasted Costs +4 more

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Parties

PACIFIC HARBOR ADVISORS PTE LTD

1st Plaintiff

PACIFIC HARBOUR SPECIAL HOLDINGS LIMITED

2nd Plaintiff

WINSON FEDERAL LIMITED

1st Defendant

FREDERICK, KAN KA CHONG (executor of the Estate of Cho Yuk Kei Carlos)

2nd Defendant

CHO WOON MING VINCENT

3rd Defendant

INTERNATIONAL HOTELIERS & ASSOCIATES LIMITED

4th Defendant

UP SPEED INVESTMENTS LIMITED

5th Defendant

RANMARK INVESTMENTS LIMITED

6th Defendant

FURAMA (SHENYANG) COMPANY LIMITED

7th Defendant

Procedural Posture

Civil Summary Judgment Application / Costs Determination Following Substantive Summary Judgment (post Judgment Costs Hearing)

Legal Issues

  1. 1 Whether the costs orders nisi should be varied as to periods and parties
  2. 2 Whether D3 should be made liable for third party costs or indemnity costs arising from TCW acting for D4 and D6
  3. 3 Whether a wasted costs order should be made against TCW

Ratio Decidendi

The court declined plaintiffs' wider requests for indemnity or wasted costs against D3 or TCW absent proper evidence and application; varied the costs nisi to make D4 and D6 liable to plaintiffs for costs up to 27 August 2015; ordered D3 liable for costs relating to the IHAL Share Pledge Agreements subject to a specified apportionment between IHAL and LOU claims and between hearing and pre-hearing costs; awarded D3 costs of opposing the LOU claims in any event; ordered plaintiffs to pay D3's costs of D3's Submissions in Answer; refused plaintiffs' request to displace the usual costs consequence of a late amendment.

Court Disposition

Costs orders nisi varied and specified allocations and apportionments made; no indemnity or wasted costs order granted against D3 or TCW on the basis advanced by plaintiffs; limited awards of costs to various parties as set out below.

Orders

  • D4 and D6 are liable to plaintiffs for the costs of the action against them including the summary judgment application until 27 August 2015, with certificate for two counsel for the hearing on 11 November 2015, payable forthwith.
  • D3 is liable to plaintiffs for the costs of the action in respect of the IHAL Share Pledge Agreements including the summary judgment application, save for the costs of the amendment (already ordered on 19 November 2015), subject to the apportionment below, with certificate for two counsel for the hearing on 11...