Sinostate Enterprises Ltd and Others v. Kings Paradise Ltd and Others

CAMP 139 & 140/2024, [2024] HKCA 851

On appeal from [2024] HKCFI 1752

(Heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NOS 139 AND 140 OF 2024

(ON AN INTENDED APPEAL FROM HCA NO 1664 OF 2020)

________________________

BETWEEN

________________________

(Heard together)

________________________

DECISION ON COSTS

________________________

Hon Kwan VP (giving the Decision on Costs of the Court):

1.On 14 August 2024, we handed down our judgment refusing to grant leave to the 2^nd defendant, and the 3^rd to 5^th defendants, to appeal against the decision of DHCJ Reyes SC refusing to order the plaintiffs to provide security for costs for a seven-day trial. We made an order nisi that the 2^nd defendant and 3^rd to 5^th defendants do pay the plaintiffs’ costs of this application and directed the plaintiffs to lodge a statement of costs for summary assessment, with leave to the defendants to lodge their objections seven days thereafter.

2.The plaintiffs have lodged a statement of costs against the 2^nd defendant in the sum of $45,960 and another statement of costs against the 3^rd to 5^th defendants in the sum of $42,139.

3.The 2^nd defendant has lodged objections on 23 August but the 3^rd to 5^th defendants have not done so before the prescribed time.

4.We assess the plaintiffs’ costs against the 2^nd defendant at $34,360 and against the 3^rd to 5^th defendants at $33,429.

Simon C W Yung & Co, for the 1^st to 3^rd Plaintiffs (Respondents)

Chaine, Chow & Barbara Hung, for the 2^nd Defendant (Applicant)

Lam & Lai, for the 3^rd to 5^th Defendants (Applicants)