Jiang, Jianxin v. Yiu, Ming Fung

CACV 156/2019

[2021] HKCA 739

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 156 OF 2019

(ON APPEAL FROM HCA NO. 2063 OF 2017)

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D E C I S I O N

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Hon Cheung JA (giving the Decision of the Court) :

1.1 By summons dated 8 April 2021, the plaintiff applies for payment out of the sum of $360,220 paid into court by the defendant as security for the costs of the appeal, by way of interim satisfaction of the plaintiff’s costs granted by the order of this Court dated 6 November 2020. The affirmation in support of the application stated that the amount of costs incurred by the plaintiff under the order of 6 November 2020 is $706,479.80 with counsel’s fee of $400,000. This exceeds the sum of $360,220 now in Court.

1.2The defendant had previously through his former solicitors indicated that he agreed to the payment out but not the costs of the application.  The defendant has since acted in person. 

1.3Despite directions given by the Registrar of Civil Appeals, the defendant has not informed the Registrar whether he will agree to the application or contest it.

1.4We consider that it is appropriate to deal with the plaintiff’s summons on paper. 

1.5Although the plaintiff has not applied for taxation of the costs of the appeal there is no good reason not to order payment out at this stage when the costs incurred by the plaintiff would clearly exceed the amount paid into the court.

1.6We will order payment out and costs of the application be to the plaintiff.

Nixon Peabody CWL, for the Plaintiff

Defendant in person