Case Document

100%Judiciary

CACV 107/2024, [2024] HKCA 1129

On Appeal From [2023] HKCFI 2815

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 107 OF 2024

(ON APPEAL FROM HCMP NO. 292 OF 2023)

________________________

	IN THE MATTER OF the property known as ALL THOSE 59 equal undivided 844^th parts or shares of and in ALL THAT piece or parcel of ground registered in the Land Registry as RURAL BUILDING LOT NO. 224 And of and in the messauges erections and buildings thereon now known as ‘OPUS HONG KONG (傲璇)’, No. 53 Stubbs Road, Hong Kong (‘the Development’) TOGETHER with the sole and exclusive right to the use occupation and enjoyment of 1) ALL THAT the RESIDENTIAL UNIT on the 5^th FLOOR of the Development (together with an A/C Plant Accommodation (being an A/C plant room) on the Lower Ground Floor of the Development); and 2) ALL THOSE PARKING SPACE NOS. 5 and 6 on the LOWER GROUND FLOOR of the Development (‘the Mortgaged Property’) and IN THE MATTER OF a Mortgage in respect of the Mortgaged Property dated 16^th August 2019 and registered in the Land Registry by Memorial No.19090201690078 (‘the Mortgage’)
	and
	IN THE MATTER OF a Second Legal Charge in respect of the Mortgaged Property dated 16^th August 2019 and registered in the Land Registry by Memorial No. 19090201690095 (‘the Second Legal Charge’)
	and
	IN THE MATTER OF a Deed of Guarantee dated 22^nd May 2022 by Jovial Link Holdings Limited (‘the 1^st Deed of Guarantee’)
	and
	IN THE MATTER OF a Deed of Guarantee dated 14^th August 2019 by Chen Family Assets Management Company Limited (‘the 2^nd Deed of Guarantee’)
	and
	IN THE MATTER OF a Deed of Guarantee dated 14^th August 2019 by Chen Hong Tian and Chen Li Ni Yao (‘the 3^rd Deed of Guarantee’)
	and
	IN THE MATTER OF a Deed of Guarantee by Jovial Link Holdings Limited (‘the 4^th Deed of Guarantee’)
	and
	IN THE MATTER OF a Deed of Guarantee dated 14^th August 2019 by Chen Family Assets Management Company Limited (‘the 5^th Deed of Guarantee’)
	and
	IN THE MATTER OF a Deed of Guarantee dated 14^th August 2019 by Chen Hong Tian and Chen Li Ni Yao (‘the 6^th Deed of Guarantee’)
	and
	IN THE MATTER OF Order 88 and Order 28 of the Rules of the High Court (Cap. 4A)

________________________

BETWEEN
	BANK OF COMMUNICATIONS COMPANY LIMITED	Plaintiff
	and
	VICTORY SEASON LIMITED	1^st Defendant
	KAI KIN HOLDINGS LIMITED	2^nd Defendant
	JOVIAL LINK HOLDINGS LIMITED	3^rd Defendant
	CHEN FAMILY ASSETS MANAGEMENT COMPANY LIMITED	4^th Defendant
	CHEN HONG TIAN	5^thDefendant
	CHEN LI NI YAO	6^thDefendant

________________________

Before :

Hon Cheung, Barma and Chow JJA in Court

Date of Decision :

6 December 2024

___________________________________

SUMMARY ASSESSMENT OF COSTS

___________________________________

Hon Cheung JA (giving the Summary Assessment of Costs) :

1.The plaintiff seeks costs of the appeal at $212,400 which includes fee for counsel at $160,000. Despite the directions given for the filing of objections to the statement of costs, the defendants fail to do so.

2.We will summarily assess the plaintiff’s costs at $200,000 inclusive of counsel’s fee.

(Peter Cheung)
Justice of Appeal

(Aarif Barma)
Justice of Appeal

(Anderson Chow)
Justice of Appeal

1^st, 5^th and 6^th Defendants, unrepresented, acting in person

Tsang, Chan & Wong, for the Plaintiff

Cites 1 case

Cases cited in this judgment

Bank of Communications Co Ltd v. Victory Season Ltd and Others

[2023] HKCFI 2815

High Court CFI30 Oct 2023

Cited by 1 case