WEI XING v. WILLWIN DEVELOPMENT (ASIA) CO LTD

WEI XING v. WILLWIN DEVELOPMENT (ASIA) CO LTD

The application to vary the costs order was dismissed: the Calderbank offer was either inadmissible or immaterial because the applicant achieved a better outcome, the offer was made late with an unreasonably short response time, and the question of Wen's party status and liability for costs had already been adjudicated; accordingly costs were ordered to the applicant on a nisi basis and the $350,000 security paid into court was released to the applicant.

Citation
WEI XING v. WILLWIN DEVELOPMENT (ASIA) CO LTD
Parties
Applicant: Xing; 2nd Respondent: Wen; Company/respondent: Willwin Development (Asia) Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 2017
Case Number
HCMP1922/2016
Procedural Posture
HCMP 1922/2016 Miscellaneous Proceedings Under S740 Companies Ordinance (cap 622) / Post Judgment Costs Application (application to Vary Costs Order Nisi)
Outcome
Application dismissed
Legal Topics
Costs Orders, Calderbank Offers, Security for Costs, Party Status
Source Language
EN
Company Law Civil Procedure Costs Costs Orders Calderbank Offers Security for Costs Party Status

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Parties

Xing

Applicant

Wen

2nd Respondent

Willwin Development (Asia) Company Limited

Company/respondent

Procedural Posture

HCMP 1922/2016 Miscellaneous Proceedings Under S740 Companies Ordinance (cap 622) / Post Judgment Costs Application (application to Vary Costs Order Nisi)

Legal Issues

  1. 1 Whether a Calderbank offer should vary the costs order nisi
  2. 2 Whether Wen was properly made a party and liable for costs
  3. 3 Whether the security sum paid into court should be released to the applicant

Ratio Decidendi

The application to vary the costs order was dismissed: the Calderbank offer was either inadmissible or immaterial because the applicant achieved a better outcome, the offer was made late with an unreasonably short response time, and the question of Wen's party status and liability for costs had already been adjudicated; accordingly costs were ordered to the applicant on a nisi basis and the $350,000 security paid into court was released to the applicant.

Court Disposition

Application dismissed

Orders

  • Wen's application to vary the costs order nisi is dismissed
  • Costs to Xing on a nisi basis (certificate for counsel insofar as necessary)