Eton Properties Limited and Another v. 廈門新景地集團有限公司 Formerly Known As 廈門市鑫新景地房地產有限公司

Case No.FACV 3/2019[2020] HKCFA 39
Court
FACV
Date16 Dec 2020
JudgeRibeiro PJ, Fok PJ, Cheung PJ, Bokhary NPJ, Lord Sumption NPJ
Case Document
100%

FACV Nos. 3 and 5 of 2019

[2020] HKCFA 39

FACV No. 3 of 2019

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 3 OF 2019 (CIVIL)

(ON APPEAL FROM CACV NO. 158 OF 2012)

________________________

BETWEEN

廈門新景地集團有限公司
formerly known as
廈門市鑫新景地房地產有限公司
Plaintiff
(Respondent)
and
ETON PROPERTIES LIMITED
(裕景興業有限公司)
1st Defendant
(1st Appellant)
ETON PROPERTIES (HOLDINGS) LIMITED
(裕景興業(集團)有限公司)
2nd Defendant
(2nd Appellant)
ETON PROPERTIES GROUP LIMITED formerly known as ETON PROPERTIES (INTERNATIONAL) LIMITED 3rd Defendant
LEGEND PROPERTIES (XIAMEN)
COMPANY LIMITED (利景興業(廈門)有限公司), a limited company incorporated in Hong Kong
4th Defendant
LEGEND PROPERTIES (XIAMEN) COMPANY LIMITED (利景興業(廈門)有限公司),
a foreign-owned enterprise incorporated in the People’s Republic of China
5th Defendant
TAN LUCIO C (陳永栽) 6th Defendant
CHUA DOMINGO (蔡黎明) 7th Defendant
TAN ENG LIEN MARIANO (陳永年) 8th Defendant
KWAN KIE YIP (關基業) 9th Defendant
CHEUNG CHI MING (張志明) 10th Defendant
MOK PUI HONG (莫沛杭) 11th Defendant

________________________

FACV No. 5 of 2019

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 5 OF 2019 (CIVIL)

(ON APPEAL FROM CACV NO. 158 OF 2012)

________________________

BETWEEN

廈門新景地集團有限公司
formerly known as
廈門市鑫新景地房地產有限公司
Plaintiff
(Appellant)
and
ETON PROPERTIES LIMITED
(裕景興業有限公司)
1st Defendant
(1st Respondent)
ETON PROPERTIES (HOLDINGS) LIMITED
(裕景興業(集團)有限公司)
2nd Defendant
(2nd Respondent)
ETON PROPERTIES GROUP LIMITED formerly known as ETON PROPERTIES (INTERNATIONAL) LIMITED 3rd Defendant
(3rd Respondent)
LEGEND PROPERTIES (XIAMEN)
COMPANY LIMITED (利景興業(廈門)有限公司), a limited company incorporated in Hong Kong
4th Defendant
(4th Respondent)
LEGEND PROPERTIES (XIAMEN) COMPANY LIMITED (利景興業(廈門)有限公司),
a foreign-owned enterprise incorporated in the People’s Republic of China
5th Defendant
TAN LUCIO C (陳永栽) 6th Defendant
(5th Respondent)
CHUA DOMINGO (蔡黎明) 7th Defendant
TAN ENG LIEN MARIANO (陳永年) 8th Defendant
KWAN KIE YIP (關基業) 9th Defendant
CHEUNG CHI MING (張志明) 10th Defendant
MOK PUI HONG (莫沛杭) 11th Defendant

________________________

(HEARD TOGETHER)

Before: Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Cheung PJ, Mr Justice Bokhary NPJ and Lord Sumption NPJ
Date of Ruling on Costs: 16 December 2020

________________________

RULING ON COSTS

________________________

Mr Justice Ribeiro PJ:

1.This is the Court’s Ruling as to costs. 

2.Pursuant to paragraph 182 of the Judgment,[1] the parties have lodged written submissions as to costs.  Having considered those submissions the Court makes the following Orders.

3.The Court having dismissed the appeal of D1 and D2 in FACV 3 of 2019, it is Ordered that D1 and D2 should pay P the costs of that appeal, certified fit for four counsel.

4.The Court having dismissed P’s appeal in FACV 5 of 2019 it is Ordered:

(a) in favour of D1 and D2, that P should pay the costs of that appeal, certified fit for four counsel;

(b) in favour of D3 and D4, that P should pay the costs of that appeal, certified fit for two counsel;[2]

(c) in favour of D6, that P should pay the costs of that appeal, certified fit for two counsel.

 
 

(R A V Ribeiro) (Joseph Fok) (Andrew Cheung)
Permanent Judge Permanent Judge Permanent Judge

(Kemal Bokhary) (Lord Sumption)
Non-Permanent Judge Non-Permanent Judge

FACV 3/2019

Written submissions by Mr Richard Khaw SC and Ms Bonnie Y K Cheng, instructed by Mayer Brown, for the 1st and 2nd Defendants (1st and 2nd Appellants)

Written submissions by Mr Bernard Man SC, Mr Justin Ho and Mr James Man, instructed by Anthony Siu & Co., for the Plaintiff (Respondent)

FACV 5/2019

Written submissions by Mr Bernard Man SC, Mr Justin Ho and Mr James Man, instructed by Anthony Siu & Co., for the Plaintiff (Appellant)

Written submissions by Mr Richard Khaw SC and Ms Bonnie Y K Cheng, instructed by Mayer Brown, for the 1st and 2nd Defendants (1st and 2nd Respondents)

Written submissions by Mr Paul Shieh SC and Ms Elizabeth Cheung, instructed by Wilkinson & Grist, for the 3rd and 4th Defendants (3rd & 4th Respondents)

Written submissions by Ms Kate Poon, instructed by Baker & McKenzie, for the 6th Defendant (5th Respondent)



[1] Ribeiro, Fok and Cheung PJJ, Bokhary and Lord Sumption NPJJ [2020] HKCFA 32 (9 October 2020).

[2] Generally the practice of the Court is not to require certification for two counsel.  These Orders are made for the avoidance of doubt.