WESOFT NATIONMARK LTD v. NATIONMARK (H.K.) LTD AND OTHERS
The court exercised its costs discretion to order the plaintiff to pay one third of the costs incurred by the 1st to 3rd defendants in opposing the Request for Further and Better Particulars and to pay the costs of the appeal to the 1st to 3rd defendants, and summarily assessed the quantum at HK$25,000 for the...
Source-derived case information.
- Citation
- [2024] HKCFI 3016
- Parties
- Plaintiff: WESOFT NATIONMARK LIMITED; 1st Defendant: NATIONMARK (H.K.) LIMITED; 2nd Defendant: CHAN SIU FAI; 3rd Defendant: HA CHOI LAN; 4th Defendant: CHUNG WAN MING; 5th Defendant: WU HEUNG WAI; 6th Defendant: WONG NGA SZE; 7th Defendant: AU YIN HUNG; 8th Defendant: TANG YIN YEE CANDY; 9th Defendant: CHEUNG SUET WING ADA; 10th Defendant: NATIONMARK SERVICE CENTRE LIMITED; 11th Defendant: MICRO 2000 LIMITED
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 4 November 2024
- Case Number
- HCA1317/2019
- Procedural Posture
- Civil Litigation Costs Application / Decision on Costs (summary Assessment)
- Outcome
- Plaintiff ordered to pay specified costs to the 1st to 3rd defendants and quantum summarily assessed.
- Legal Topics
- Costs of Proceedings, Request for Further and Better Particulars, Summary Assessment of Costs, Costs of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WESOFT NATIONMARK LIMITED
Plaintiff
NATIONMARK (H.K.) LIMITED
1st Defendant
CHAN SIU FAI
2nd Defendant
HA CHOI LAN
3rd Defendant
CHUNG WAN MING
4th Defendant
WU HEUNG WAI
5th Defendant
WONG NGA SZE
6th Defendant
AU YIN HUNG
7th Defendant
TANG YIN YEE CANDY
8th Defendant
CHEUNG SUET WING ADA
9th Defendant
NATIONMARK SERVICE CENTRE LIMITED
10th Defendant
MICRO 2000 LIMITED
11th Defendant
Procedural Posture
Civil Litigation Costs Application / Decision on Costs (summary Assessment)
Legal Issues
- 1 Whether the plaintiff must pay a portion of the costs incurred by the 1st to 3rd defendants in opposing the plaintiff’s Request for Further and Better Particulars
- 2 What quantum of costs should be summarily assessed and awarded to the 1st to 3rd defendants
- 3 Whether costs of the appeal should be paid by the plaintiff to the 1st to 3rd defendants
Ratio Decidendi
The court exercised its costs discretion to order the plaintiff to pay one third of the costs incurred by the 1st to 3rd defendants in opposing the Request for Further and Better Particulars and to pay the costs of the appeal to the 1st to 3rd defendants, and summarily assessed the quantum at HK$25,000 for the opposition and HK$34,000 for the appeal costs.
Court Disposition
Plaintiff ordered to pay specified costs to the 1st to 3rd defendants and quantum summarily assessed.
Orders
- Plaintiff to pay forthwith one third of the costs incurred by the 1st to 3rd defendants in opposition to the plaintiff’s Request for Further and Better Particulars dated 15 June 2023.
- Costs of the appeal to be paid by the plaintiff to the 1st to 3rd defendants.
Full Case Text
Judgment text and source record
1 paragraphs
HCA 724/2019 and HCA 1317/2019 (Consolidated) [2024] HKCFI 3016 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NOS 724 OF 2019 AND 1317 OF 2019 ________________________ BETWEEN WESOFT NATIONMARK LIMITED Plaintiff (慧邦訊有限公司) and NATIONMARK (H.K.) LIMITED 1st Defendant (邦迅(香港)有限公司) CHAN SIU FAI (陳少輝) 2nd Defendant HA CHOI LAN (夏彩蘭) 3rd Defendant CHUNG WAN MING (鐘韻鳴) 4th Defendant WU HEUNG WAI (胡向偉) 5th Defendant WONG NGA SZE (黃雅詩) 6th Defendant AU YIN HUNG (歐燕紅) 7th Defendant TANG YIN YEE CANDY (鄧燕儀) 8th Defendant CHEUNG SUET WING ADA (張雪穎) 9th Defendant NATIONMARK SERVICE CENTRE LIMITED 10th Defendant (邦迅維修中心有限公司) MICRO 2000 LIMITED 11th Defendant (邁科世紀有限公司) (Consolidated by the Order of Master Lai dated 30 August 2019) ________________________ Before: Hon Wilson Chan J in Chambers Date of Decision on Costs: 4 November 2024 D E C I S I O N O N C O S T S On 5 July 2024, I made the following order as to costs in these proceedings: The plaintiff is to pay forthwith 1/3 of the costs incurred by the 1st to 3rd defendants in opposition to the plaintiff’s Request for Further and Better Particulars against the 1st to 3rd defendants by way of Summons dated 15 June 2023. Costs of the appeal be paid by the plaintiff to the 1st to 3rd defendants. The costs awarded under sub-paragraphs (1) and (2) above are to be summarily assessed with the directions that: (i) the 1st to 3rd defendants shall lodge and serve a Statement of Costs within 14 days from the date of the order; and (ii) the plaintiff shall lodge and serve its Grounds of Objection (if any) within 14 days thereafter. The summary assessment shall be conducted on paper unless otherwise directed by the court. As regard the quantum of the 1st to 3rd defendants’ costs payable by the plaintiff under the aforesaid order, I have considered the 2 Statements of Costs for Summary Assessment dated respectively 20 September 2023 and 18 July 2024 lodged by the 1st to 3rd defendants. I have also considered the plaintiff’s 2 Lists of Objection to the 1st to 3rd defendants’ Statement of Costs both dated 2 August 2024. Taking a necessarily broad-brush approach, I would summarily assess the 1st to 3rd defendants’ costs as follows: Under paragraph 1(1) above, HK$25,000; and Under paragraph 1(2) above, HK$34,000. (Wilson Chan) Judge of the Court of First Instance High Court Messrs Kao, Lee & Yip, for the plaintiff Messrs Sit, Fung, Kwong & Shum, for the 1st to 3rd defendants