YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS

The court refused to vary the costs order nisi and made it absolute; ratification cured any initial lack of authority so Linklaters is not personally liable for pre-ratification costs; YDL's directors are not personally liable as they were not the true beneficiaries of the action; the mandatory injunction and action stand and Ricky Liu must bear costs of YDL's representation and his application to vary, with specified apportionments and directions for filing fresh costs statements.

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
20 December 2016
Case Number
HCA1341/2014
Procedural Posture
Civil Action (authority Summons and Mandatory Injunction) / Decision on Costs, Liability and Representation
Outcome
Application to vary costs order dismissed; costs order nisi made absolute; Linklaters not personally liable for pre-ratification costs; directors not personally liable; injunction and action to stand.
Legal Topics
Ratification, Authority to Sue, Non Disclosure in Injunction Applications, Costs Orders Nisi and Variation, Personal Liability of Solicitors, Directors' Personal Liability, Apportionment of Costs
Source Language
EN
Civil Procedure Company Law Agency Costs Equity and Injunctions Professional Negligence/solicitors' Liability Ratification Authority to Sue +5 more

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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

Civil Action (authority Summons and Mandatory Injunction) / Decision on Costs, Liability and Representation

Legal Issues

  1. 1 Whether the costs order nisi should be varied
  2. 2 Whether Linklaters should be ordered to personally bear pre-ratification costs
  3. 3 Whether YDL's directors should be personally liable for costs

Ratio Decidendi

The court refused to vary the costs order nisi and made it absolute; ratification cured any initial lack of authority so Linklaters is not personally liable for pre-ratification costs; YDL's directors are not personally liable as they were not the true beneficiaries of the action; the mandatory injunction and action stand and Ricky Liu must bear costs of YDL's representation and his application to vary, with specified apportionments and directions for filing fresh costs statements.

Court Disposition

Application to vary costs order dismissed; costs order nisi made absolute; Linklaters not personally liable for pre-ratification costs; directors not personally liable; injunction and action to stand.

Orders

  • Costs order nisi made absolute
  • Ricky Liu's application to vary dismissed and costs of his summons to vary to be paid by him to YDL