竹林明堂有限公司 對 陳祺豐

竹林明堂有限公司 對 陳祺豐

Because Chuk Lam issued the first writ to secure withdrawal of an excessive inquiry and Chan withdrew that inquiry only after the hearing (effectively yielding the relief sought), Chan must pay the costs of both writs; there was no special reason to uplift the costs assessment above the ordinary party-and-party...

Source-derived case information.

Citation
[2020] HKCFI 509
Parties
Plaintiff (hca 2782/2015); Defendant (hca 142/2016): 竹林明堂有限公司 (CHUK LAM MING TONG LIMITED); Defendant (hca 2782/2015); Plaintiff (hca 142/2016): 陳祺豐 (CHAN KEI FUNG ERIC)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2020
Case Number
HCA2782/2015
Procedural Posture
Civil Judicial Jurisdiction (high Court) / Costs Determination Following Withdrawal/compromise of Proceedings
Outcome
Costs awarded to 竹林明堂有限公司 (Chuk Lam Ming Tong Limited) against 陳祺豐 (Chan Kei Fung Eric)
Legal Topics
Withdrawal of Proceedings, Party and Party Costs, High Court Rules R26(1), Costs Assessment
Source Language
ch
Civil Procedure Costs Court Practice and Procedure Withdrawal of Proceedings Party and Party Costs High Court Rules R26(1) Costs Assessment

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Parties

竹林明堂有限公司 (CHUK LAM MING TONG LIMITED)

Plaintiff (hca 2782/2015); Defendant (hca 142/2016)

陳祺豐 (CHAN KEI FUNG ERIC)

Defendant (hca 2782/2015); Plaintiff (hca 142/2016)

Procedural Posture

Civil Judicial Jurisdiction (high Court) / Costs Determination Following Withdrawal/compromise of Proceedings

  1. 1 Whether the respondent (Chan) should pay the applicant's (Chuk Lam) costs for two writs issued to procure withdrawal of an inquiry document
  2. 2 Whether costs should be assessed on party-and-party basis or uplifted to indemnity (higher) basis
  3. 3 Whether the respondent's conduct justified any increase in costs scale

Ratio Decidendi

Because Chuk Lam issued the first writ to secure withdrawal of an excessive inquiry and Chan withdrew that inquiry only after the hearing (effectively yielding the relief sought), Chan must pay the costs of both writs; there was no special reason to uplift the costs assessment above the ordinary party-and-party basis, and the total costs are assessed at HK$60,000.

Court Disposition

Costs awarded to 竹林明堂有限公司 (Chuk Lam Ming Tong Limited) against 陳祺豐 (Chan Kei Fung Eric)

Orders

  • 陳祺豐須按各方對評基準支付竹林明堂有限公司就第一張傳票及第二張傳票之訟費
  • 訟費經簡易評定總額為 HK$60,000