AU YUK LIN v. WONG WANG HIN, EDDY

AU YUK LIN v. WONG WANG HIN, EDDY

The defendant's offers and sanctioned offer were not reasonable in context because they sought to trade the shop concession for relinquishment of the shares; plaintiffs' separate offers were valid and could have been accepted independently; costs therefore follow the event, the application to vary the costs order was dismissed, and the previously made costs orders remain with apportionment 70:30 by consent.

Citation
AU YUK LIN v. WONG WANG HIN, EDDY
Parties
Plaintiff (1st Plaintiff in HCMP 59/2011; Plaintiff in HCMP 272/2011): AU YUK LIN; 2nd Plaintiff (in HCMP 59/2011): WONG MAN; Defendant (in HCMP 59/2011 and HCMP 272/2011): WONG WANG HIN, EDDY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 2012
Case Number
HCMP272/2011
Procedural Posture
Civil Dispute Concerning Return of Property and Shares; Application to Vary Costs Order and Costs Order Nisi; Related Appeal Pending / Chambers Decision on Application to Vary Costs Orders After Trial and Judgment; Appeal Pending in HCMP 272/2011
Outcome
Application dismissed; costs order nisi not varied; existing costs orders maintained subject to appeal
Legal Topics
Variation of Costs Order, Costs Apportionment Between Consolidated Proceedings, Without Prejudice Communications and Sanctioned Offers, Return of Property and Shares, Summary Assessment of Costs
Source Language
EN
Trusts Civil Procedure Costs Property Law Equity Variation of Costs Order Costs Apportionment Between Consolidated Proceedings Without Prejudice Communications and Sanctioned Offers +2 more

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Parties

AU YUK LIN

Plaintiff (1st Plaintiff in HCMP 59/2011; Plaintiff in HCMP 272/2011)

WONG MAN

2nd Plaintiff (in HCMP 59/2011)

WONG WANG HIN, EDDY

Defendant (in HCMP 59/2011 and HCMP 272/2011)

Procedural Posture

Civil Dispute Concerning Return of Property and Shares; Application to Vary Costs Order and Costs Order Nisi; Related Appeal Pending / Chambers Decision on Application to Vary Costs Orders After Trial and Judgment; Appeal Pending in HCMP 272/2011

Legal Issues

  1. 1 Whether the costs order nisi in HCMP 272/2011 should be varied to no order as to costs or reduced
  2. 2 Whether the defendant's without prejudice letters and sanctioned offer were reasonable for costs purposes
  3. 3 Whether costs should be apportioned between HCMP 59/2011 and HCMP 272/2011 and in what ratio

Ratio Decidendi

The defendant's offers and sanctioned offer were not reasonable in context because they sought to trade the shop concession for relinquishment of the shares; plaintiffs' separate offers were valid and could have been accepted independently; costs therefore follow the event, the application to vary the costs order was dismissed, and the previously made costs orders remain with apportionment 70:30 by consent.

Court Disposition

Application dismissed; costs order nisi not varied; existing costs orders maintained subject to appeal

Orders

  • Costs between HCMP 59/2011 and HCMP 272/2011 apportioned 70% to HCMP 59/2011 and 30% to HCMP 272/2011 by consent
  • Application dismissed and defendant ordered to pay the costs of this application to the plaintiffs