Xu Liu Chun v. Wu Chang Jiang and Another

HCMP 3166/2014

[2019] HKCFI 1829

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3166 OF 2014

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BETWEEN

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DECISION ON COSTS

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1.I refer to my Judgment dated 23 April 2019. In this Decision on Costs, I shall use the same abbreviations as in the Judgment.

2.I also refer to my Decision dated 27 June 2019 (“my June Decision”) in which I dismissed the application by R for leave to appeal against the Judgment and my Order.

3.In my June Decision, regarding the application by R for a stay of the Judgment and my Order pending appeal, I also granted an interim stay of the Judgment and my Order on conditions in the following terms:

“ (1)  I grant an interim stay of my Order dated 23 April 2019 set out in paragraph 1 above upon the following terms:

(i)  In the event that R notifies the Court within 3 working days from the date of this Decision that he will apply to the Court of Appeal for leave to appeal against the Judgment and my Order dated 23 April 2019, the said interim stay will be extended till after the Court of Appeal has disposed of the application by R for leave to appeal, provided that the following conditions are satisfied:

(a)  within 14 working days from the date of this Decision, R will make payment into Court of the sum of US$1.2 million in compliance with my Order dated 23 April 2019;

(b)  within the time limit permitted by the Rules of the High Court R makes an application to the Court of Appeal for leave to appeal against the Judgment and my Order as aforesaid and prosecutes the same with all expedition.

(2)  In the event that no notification by R is received by the Court within 3 working days as aforesaid or in the event that paragraph (1)(i)(a) or (b) is not complied with, then the said interim stay will cease to have effect any my Order shall become immediately enforceable.”

4.I have been informed by my clerk that the court record shows that R has made an application to the Court of Appeal for leave to appeal but that R has not made any payment into court in compliance with the condition set out in paragraph (1)(i)(a) of the Order of mine as set out in paragraph 3 above.  In the circumstances, the said interim stay has ceased to have effect and R must be treated as having failed in his application for a stay pending appeal.

5.In the circumstances set out above, I see no reason why R should not pay to P the costs of the application for leave to appeal and the application for a stay pending appeal.

6.In the Statements of Costs for Summary Assessment submitted by P, he asks for a total of $381,026.67.  In the List of Objections submitted by R, R says that I should allow only the sum of $120,417.

7.I make a summary assessment of the costs to be paid by R to P in the sum of $280,000.

Written submission by Mr Jenkin Suen, instructed by Simon C W Yung & Co, for the petitioner

Written submission by Ms Astina Au, instructed by Chong & Partners LLP, for the 1^st respondent