Majorette Hong Kong Ltd v. Fullmore Corporation Ltd

HCA 1583/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1583 OF 2008

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BETWEEN

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Before: Deputy High Court Judge A. Chow, SC in Chambers

Dates of Written Submissions: 20 February 2009,  2 & 4 March 2009

Date of Decision on Costs: 5 March 2009

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DECISION ON COSTS

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1.On 20 February 2009, I made a decision dismissing the Plaintiff’s application by summons dated 13 October 2008 for inspection of the moulds specified in Appendix A of the Statement of Claim under Order 29 Rule 2 of the Rules of the High Court, and ordered that the Defendant was to have the costs of the application in any event.  The order as to costs was an order nisi.

2.The Defendant has made an application to vary the costs order nisi such that the Plaintiff should pay the Defendant’s costs forthwith and that there should be a gross sum assessment of the Defendant’s costs.  The Plaintiff has also made an application to vary the costs order nisi such that the Defendant should pay the costs of the Plaintiff or, in the alternative, there should be no order as to costs.

3.For the reasons set out in paragraphs 7 to 12 of my Decision on Costs given in respect of similar applications made in Simba-toys (Hong Kong) Limited v Fullmore Corporation Limited, HCA 1599/2008 (save that there is no issue about the Plaintiff’s locus standi to sue in this action), both applications are dismissed.  The costs order nisi is made absolute.  I make no order as to the costs of these applications to vary the costs order nisi.

Mr Geoffrey Shaw of Messrs Deacons, for the Plaintiff

Mr Martin Wong, instructed by Messrs Chong & Partners, for the Defendant