China Technology Solar Power Holdings Ltd v. Zeng Xiangyi and Others

HCA 3017/2016

[2019] HKCFI 1213

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 3017 OF 2016

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Before: Mr Recorder Eugene Fung SC in Chambers

Date of Written Submissions of the Plaintiff: 9 April 2019

Date of Written Submissions of the 3^rd Defendant: 15 April 2019

Date of Decision: 10 May 2019

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DECISION

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1.By the Decision handed down on 3 January 2019 (“the Decision”), I allowed the 3^rd defendant’s appeal and invoked the “slip rule” to amend a costs order made by the Master to provide for immediate taxation against the plaintiff.

2.By a summons dated 11 January 2019, the plaintiff gave notice that it intended to seek leave to appeal against the Decision.  Directions were then given by this Court for the parties to serve written submissions on the plaintiff’s summons for leave to appeal.  Having considered the parties’ written submissions, I decided to determine the plaintiff’s application for leave to appeal on paper without an oral hearing.

3.In his written submissions, Mr Jeremy Cheung for the plaintiff (1) asserted that the intended appeal has a reasonable prospect of success, (2) submitted that the Master had already and sufficiently considered both the issue of immediate taxation and the application of the “slip rule”, and (3) stated that the plaintiff would rely on the submissions previously made on its behalf. 

4.I cannot accept the plaintiff’s submissions.  As mentioned in the Decision, I was not satisfied that the Master had determined on the operation of the “slip rule”.  Further, for the reasons given in the Decision,I considered the Court had intended that the 3^rd defendant’s costs be taxed immediately.   The intended appeal does not therefore in my view have any reasonable prospect of success. 

5.For these reasons, I dismiss the plaintiff’s application for leave to appeal with costs to the 3^rd defendant.  Having considered the 3^rddefendant’s statement of costs for summary assessment, I assess the 3^rddefendant’s costs as HK$65,000.

Written submissions by Mr Jeremy Cheung, instructed by Pauline Wong & Co, for the plaintiff

Written submissions by Mr Danny Tang, instructed by Fred Kan & Co, for the 3^rd defendant