Bms Group International Ltd v. Justin Lim Shao Cherm and Others

Read the full judgment text of HCA 22/2017 on BabelCite. This High Court CFI judgment was delivered on 29 March 2021.

1. By my decision handed down on 17 December 2020, I dismissed D7’s appeal, and allow P’s application for amendment of the ASOC as per the Proposed RASOC/Ver 3. I make a costs order nisi that P shall have the costs of the appeal save the costs occasioned by the 2 adjournments, which costs are to D7.

Cited by 1 case

Case No.HCA 22/2017[2021] HKCFI 841
Court
High Court CFI
Date29 Mar 2021
Judge
Case Document
100%Judiciary

HCA 22/2017

[2021] HKCFI 841

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 22 OF 2017

______________

BETWEEN    
  BMS GROUP INTERNATIONAL LIMITED Plaintiff

and

  JUSTIN LIM SHAO CHERM 1st Defendant
  ROBERT LIM HIK WAH 2nd Defendant
  ADMIRAL SPORTSWEAR PVT. LTD. 3rd Defendant
  AIRONA MARKETING SDN. BHD 4th Defendant
  SPORTSWEAR BRANDS SRL 5th Defendant
  STREAM ENTERPRISE (M) SDN. BHD 6th Defendant
  POWER TEC FOOTWEAR INDUSTRIES SDN. BHD 7th Defendant

______________

Before: Hon K Yeung J in Chambers

Date of Statement of Costs by the 7th Defendant: 20 January 2021

Date of Grounds of Objection by the Plaintiff: 5 February 2021

Date of Reply to the Plaintiff’s Grounds of Objection by the 7th Defendant: 19 February 2021

Date of Decision on Costs: 29 March 2021

_______________________

DECISION ON COSTS

_______________________

1.By my decision handed down on 17 December 2020, I dismissed D7’s appeal, and allow P’s application for amendment of the ASOC as per the Proposed RASOC/Ver 3. I make a costs order nisi that P shall have the costs of the appeal save the costs occasioned by the 2 adjournments, which costs are to D7.

2.On 30 December 2020, D7 wrote in for costs of P’s applications for amendment of the ASOC as per the Proposed RASOC/Ver 2 and Proposed RASOC/Ver 3, together with the costs occasioned by the 2 adjournments which I have already ordered.  The Statement of Costs was lodged on 20 January 2021.

3.I agree that D7 should have the costs of P’s applications for amendment of the ASOC as per the Proposed RASOC/Ver 2 and Proposed RASOC/Ver 3.

4.P filed its Grounds of Objection on 5 February 2021.  D7 filed its Reply on 19 February 2021.

5.Bearing in mind the nature of the appeal, and having regard to the cases cited to me, I am of the view that the instruction of Mr Sham is sufficient to deal with the appeal, and it is not necessary to engage a co‑counsel. I disallow the related counsel fees at Part F of the Statement.

6.I accept the objections made on P’s behalf that Parts C and D are excessive. 

7.I allow counsel’s fee incurred on drafting, as being occasioned by P’s application for amendment of the ASOC as per the Proposed RASOC/Ver 3.  The sum of HK$50,000 is however on the high side, which I only allow half. 

8.Applying a broad brush approach, I summarily assessed D7 related costs at HK$280,000.

9.I have received no submissions as to how and when the assessed sum is to be paid.  As I have awarded costs of the appeal save the 2 adjournments to P, set‑off between the parties may arise.  I therefore make no order in this regard.

(Keith Yeung)
Judge of the Court of First Instance
High Court

Statement of Costs and Reply to the Plaintiff’s Grounds of Objection

by Tang and So, for the 7th Defendant

Grounds of Objection by Cheung & Yip, for the Plaintiff

Other Judgments in This Case

Further hearings and rulings under HCA 22/2017

Bms Group International Ltd v. Justin Lim Shao Cherm and Others [HCA 22/2017] | BabelCite