Liaoyang Shunfeng Iron and Steel Co Ltd and Another v. Yeung Tsz Wang and Another
Read the full judgment text of CACV 234/2011 on BabelCite. This Court of Appeal judgment was delivered on 15 March 2013 before Lunn JA, Barma JA, Bharwaney J.
Civil procedure – costs – certificate for two counsel – abandoned application for leave to appeal to Court of Final Appeal – anti-suit injunction – Court of Appeal granted anti-suit injunction with costs and certificate for two counsel on 14 June 2012 – defendants filed leave application on 12 July 2012 with hearing fixed for 28 November 2012 – defendants abandoned application on 26 October 2012 – consent summons dated 21 November 2012 allowed withdrawal with costs, certificate for two counsel to be determined by Court of Appeal – whether certificate for two counsel should be granted for costs of abandoned leave application – held: yes – it was reasonable for plaintiffs to instruct two counsel to advise on and prepare for the leave application after the hearing was fixed – abandonment on 26 October 2012 did not make the instruction of two counsel unreasonable – early abandonment may have helped reduce costs substantially – any question of work done by counsel or briefs delivered before abandonment is a matter for the taxing master – costs awarded to plaintiffs with certificate for two counsel.
Legal issues: Whether certificate for two counsel should be granted for costs of abandoned application for leave to appeal
Outcome: Costs of the abandoned application for leave to appeal awarded to the plaintiffs with a certificate for two counsel.
Cited by 11 cases
|
CACV 234/2011 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO 234 OF 2011 (ON APPEAL FROM HCA NO. 1415 OF 2010) ------------------------
---------------------- DETERMINATION ---------------------- Hon Bharwaney J: 1.The Court of Appeal granted an anti-suit injunction to the plaintiffs on 14 June 2012 and made an order of costs in their favour, with certificate for two counsel. On 12 July 2012, the defendants filed an application for leave to the Court of Final Appeal against the decision of the Court of Appeal. The hearing of the application for leave was fixed to be heard on 28 November 2012. On 26 October 2012, the defendants abandoned their application and, subsequently, by a consent summons dated 21 November 2012, which was made an order in terms, the defendants were granted leave to withdraw their application with costs to the plaintiffs, but with the issue of certificate of counsel to be determined by this Court upon considering written submissions. 2.We have considered the written submissions of the parties and are satisfied that the costs of the application should be awarded to the plaintiffs with certificate for two counsel. The Court of Appeal granted certificate for the two counsel who appeared for the plaintiffs at the appeal. It was reasonable for the plaintiffs to instruct two counsel to advise on and prepare for the application for leave to appeal. On 17 July 2013, the application for leave was fixed to be heard on 28 November 2012. It would have been reasonable for the plaintiffs on 17 July 2013 to mark the diaries of the two counsel and to instruct them to advise on and prepare for the application for leave to appeal. The fact that the leave application was abandoned on 26 October 2012 did not did make the plaintiffs’ decision to instruct two counsel unreasonable. However, the early abandonment would have helped to reduce costs substantially. It remains to be seen what work, if any, was done by plaintiffs’ counsel on the case between 17 July 2013 and 26 October 2012, and whether briefs were delivered before 26 October 2012, but that is a matter for the taxing master.
Mr Anthony Chan, SC, Ms Elizabeth Cheung & Mr Eric Chow, instructed by C.L. Chow & Macksion Chan, for the 1st and 2nd Plaintiffs Ms Lisa K.Y. Wong, SC and Mr Calvin Cheuk, instructed by Li &Partners for the 1st and 2nd Defendants | |||||||||||||||||||||||||||
Other judgments that cite this case
Further hearings and rulings under CACV 234/2011