YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS

The judge found the plaintiff's representation was justified by the defendant's possession and delayed surrender of the chop and seal and by his conduct in persisting with submissions that could discharge the injunction; accordingly the costs order nisi was made absolute, the application to vary was dismissed, and...

Source-derived case information.

Citation
YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS
Parties
Plaintiff: Yifung Developments Limited; 1st Defendant: Liu Chi Keung Ricky; 2nd Defendant: Ho Sing Chung Robert; 3rd Defendant: Choy Siu Fung Rebecca
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2017
Case Number
HCA1341/2014
Procedural Posture
Action (injunction; Costs Application) / Variation of Costs Order and Summary Assessment Decision
Outcome
Order nisi made absolute; application to vary dismissed; costs awarded to plaintiff and summarily assessed.
Legal Topics
Costs Variation, Summary Assessment of Costs, Material Non Disclosure, Possession and Surrender of Corporate Chop and Seal
Source Language
en
Civil Procedure Costs Injunctions Disclosure Costs Variation Summary Assessment of Costs Material Non Disclosure Possession and Surrender of Corporate Chop and Seal

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Parties

Yifung Developments Limited

Plaintiff

Liu Chi Keung Ricky

1st Defendant

Ho Sing Chung Robert

2nd Defendant

Choy Siu Fung Rebecca

3rd Defendant

Procedural Posture

Action (injunction; Costs Application) / Variation of Costs Order and Summary Assessment Decision

Legal Issues

  1. 1 Whether the costs order nisi should be varied
  2. 2 Whether the plaintiff's representation on alleged material non-disclosure was justified
  3. 3 Appropriate quantum for summary assessment of costs

Ratio Decidendi

The judge found the plaintiff's representation was justified by the defendant's possession and delayed surrender of the chop and seal and by his conduct in persisting with submissions that could discharge the injunction; accordingly the costs order nisi was made absolute, the application to vary was dismissed, and the plaintiff's costs were summarily assessed at $64,000 with one fee earner and a notional rate applied.

Court Disposition

Order nisi made absolute; application to vary dismissed; costs awarded to plaintiff and summarily assessed.

Orders

  • Order nisi dated 20 December 2016 made absolute in favour of Yifung Developments Limited
  • Application by Liu Chi Keung Ricky to vary costs order dismissed