Haller Ag and Another v. Vestey International Group Ltd and Another

CAMP 85/2022 & CACV 454/2022

[2023] HKCA 497

CAMP 85/2022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 85 OF 2022

(ON AN INTENDED APPEAL FROM HCA NO 2988 OF 2018)

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BETWEEN

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CACV 454/2022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 454 OF 2022

(ON APPEAL FROM HCA NO 2988 OF 2018)

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BETWEEN

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(Heard together)

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DECISION

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Hon G Lam JA (giving the Decision of the Court):

1.By summons dated 13 January 2023, the plaintiffs applied for a stay of execution of G Lam JA’s order dated 6 December 2022 directing summary assessment of the costs awarded to the 2^nd defendant in this Court’s judgment dated 21 November 2022 ([2022] HKCA 1743), pending determination of the plaintiffs’ application to this Court by notice of motion dated 16 December 2022 for leave to appeal to the Court of Final Appeal.

2.Summary assessment was subsequently limited, by further directions, to the costs incurred in the Court of Appeal (which were summarily assessed in our decision issued on 3 March 2023: [2023] HKCA 274).

3.On 20 February 2023, this Court dismissed the plaintiff’s application for leave to appeal ([2023] HKCA 213).  By letter dated 1 March 2023, the plaintiffs accepted that their stay application in the summons had fallen away, but they sought an order for an interim stay for 28 days, for them to consider applying to the Appeal Committee of the Court of Final Appeal for leave to appeal.

4.The plaintiffs did not make a further application to the Appeal Committee for leave to appeal on or before 20 March 2023, i.e. 28 days after this Court’s refusal of leave to appeal, as prescribed by section 24(4)  of the Hong Kong Court of Final Appeal Ordinance (Cap 484), and have since confirmed that they have decided not to proceed with any further application for leave to appeal.

5.In these circumstances, the plaintiffs’ summons for stay of execution dated 13 January 2023 and their application by letter dated 1 March 2023 for an interim stay of execution both fall to be dismissed with costs.

6.On a nisi basis, we order the plaintiffs to pay the 2^nd defendant’s costs, summarily assessed in the total sum of $58,300.

Messrs. Lau, Horton & Wise LLP, for the Plaintiffs (Respondents)

Messrs. DLA Piper Hong Kong, for the 2^nd Defendant (Appellant)