General Appliance (Hong Kong) Ltd v. Friendship Investments Ltd and Others

HCA 1607/2018

[2019] HKCFI 1265

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1607 OF 2018

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BETWEEN

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Before: Deputy High Court Judge Le Pichon in Chambers

Dates of Written Submissions: 5 and 18 April 2019

Date of Decision on Costs: 14 May 2019

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DECISION ON COSTS

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1.By summons dated 20 March 2019, the plaintiff applied to vary the costs order nisi of this court made on 8 March 2019 relating to (1) the plaintiff’s application for summary judgment in this action; and (2) its application for a final injunction.  While awarding costs to the plaintiff in respect of summary judgment application, the court reserved the costs of the final injunction pending the resolution of the defendants’ application for an injunction in the winding up proceedings in HCCW 197/2018.

2.The variation sought concerns the costs of the final injunction a substantial part of which comprises the costs of the summons filed on 11 July 2018.  The plaintiff submitted that as the Court has entered final and summary judgment in favour of the plaintiff, the action is at an end and the plaintiff, being the successful party, should be awarded all its costs.

3.Alternatively, it was submitted that the Decision should be corrected under Order 20, rule 11 on the basis that the reservation of those costs was an accidental slip.

4.Having considered the parties’ submissions and reviewed the Decision, I am not persuaded that the order made on 8 March 2019 relating to the final injunction should be varied.  Entitlement to custody of the title deeds under the summary judgment does not dispose of the broader dispute between the two camps of shareholders underlying the injunction summonses.

5.I remain of the view that the costs of the final injunction be reserved pending the resolution of the winding up injunction summons given the relevance of the much broader dispute.

6.Accordingly, the plaintiff’s application to vary the costs order nisi is dismissed with costs to the defendants.

Written submissions by Mr Anthony Chan and Mr Roger Phang, instructed by Cheung & Choy, for the plaintiff

Written submissions by Mr Alan Kwong and Mr Michael Ng, instructed by L & L Lawyers, for the 1^st to 4^th defendants