25 Jun 2012
Yam J's order lacked legal foundation to make Mr Cheung a party or to authorize him to obtain personal costs; therefore Master de Souza erred in awarding costs to Mr Cheung personally; the two costs orders are quashed and replaced with orders that costs be to the defendant company.
7 Jan 2010
The Master and the court properly found, on the available evidence, that the 2nd to 5th defendants were the prime movers who used the company to oppose the joinder application for the improper purpose of avoiding personal liability for legal costs; that improper purpose justified making a costs order against them under Order 62 r6A and s52A Cap.4, therefore the appeal is dismissed and the Master's costs order is upheld.
15 Feb 2005
Leave to serve the Authority's costs summons on AXA in Germany was properly granted and should not be set aside: in ongoing proceedings Order 11 r.9(4)/(5) permits service of such a summons and does not rigidly require a pleaded cause of action against the foreign person; AXA in substance was participating in the litigation by funding and directing B+B's defence and could properly be treated as a party or joined; service under Hong Kong lex fori was valid and any German formalities could be remedied by Hague service steps; discretionary setting aside was unwarranted as no material prejudice s…