Pan Sutong v. Bank of China Ltd (T/A Bank of China Ltd Shenzhen Branch)

CACV 246 & 247/2022, [2024] HKCA 870

On appeal from [2022] HKCFI 1450

(Heard together)

CACV 246/2022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 246 OF 2022

(ON APPEAL FROM HCSD NO 28 OF 2021)

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AND

CACV 247/2022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 247 OF 2022

(ON APPEAL FROM HCCW NO 215 OF 2021)

________________________

________________________

(Heard together)

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DECISION ON COSTS

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

1.On 14 August 2024, we handed down our judgment dismissing the 1^st and 2^nd New Evidence Applications taken out by Pan and Proman. We made a costs order nisi that Pan and Proman do pay BOC’s costs of these applications, to be taxed if not agreed.

2.On 22 August 2024, BOC issued a summons seeking an order that the order nisi be varied to “Pan and Proman do pay BOC’s costs of these applications, such costs to be summarily assessed”, and for leave be granted to BOC to file the statement of costs dated 9 October 2023. I made an order as sought on 26 August 2024 and made no order as to the costs of the summons. I granted leave to Pan and Proman to lodge objections to the statement of costs of BOC for summary assessment within 7 days thereof.

3.Having read the statement of costs and the objections of Pan and Proman, I consider the objections and proposed costs of the paying parties reasonable. I assess the costs to be paid by Pan and Proman to BOC for these applications at $848,605.

Charles Chu & Kenneth Sit, for the Applicant in CACV 246/2022 and the Company in CACV 247/2022 (Applicants)

King & Wood Mallesons, for the Respondent in CACV 246/2022 and the Petitioner in CACV 247/2022 (Respondents)