Bga Holdings Ltd (in Liquidation) (Formerly Known As Beibu Gulf Ocean Shipping (Group) Ltd ) and Others v. Chu Kong and Others

CACV 546/2024, [2025] HKCA 1121

On Appeal From [2024] HKFCI 2711

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 546 OF 2024

(ON APPEAL FROM HCA NO. 631 OF 2022)

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DECISION ON COSTS

BETWEEN THE PLAINTIFFS AND

THE 12^th DEFENDANT

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

1.As the Plaintiffs succeeded in their appeal, they are entitled to the costs of the appeal (including the costs of the Respondent’s Notice) with certificate for two counsel. The costs will be summarily assessed. The Plaintiffs are to file the statement of costs within seven days and the 12^th Defendant to file his objection within seven days thereafter.

2.In the Court below, DHCJ Phoebe Man adopted the conventional approach and it was on appeal that this Court decided not to follow that approach and applied the new approach instead. In the circumstances, the appropriate costs order between the Plaintiffs and the 12^th Defendant for the Joinder Summons, the Evidence Summons, the Plaintiffs’ summons dated 18 December 2024 and the Re‑Re‑Amended Writ of Summons and Statement of Claim is one of no order as to costs. The costs order of the Judge in respect of the Amendment Summons is undisturbed.

Mr Justin Ho and Mr Jonathan Ng, instructed by Norton Rose Fulbright, for the 1^st  to 3^rd Plaintiffs

Mr John Hui and Mr Adrian Lee, instructed by Michael Pang & Co, for the 12^th Defendant