TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP CO LTD AND ANOTHER v. TOP ONE PROPERTY GROUP LTD AND OTHERS

HCA1244/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1244 OF 2009

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BETWEEN

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DECISION  ON  COSTS

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1.  This decision on costs should be read together with the decision that I handed down on 16 October 2009.

2.  By that decision, I allowed the 1^st plaintiff’s applications to continue the 1^st and 2^nd Orders; dismissed the defendants’ applications for discharge of the Orders; allowed the 2^nd plaintiff’s application for appointment of receivers over the 1^st defendant’s shares; and ordered the 3^rd defendant to make discovery of his assets as per paragraph 2.1 of the 2^nd Order.

3.  The parties have pursuant to the court’s direction filed their respective submissions on costs. I do not propose to deal with their submissions in length, which I have already considered carefully.

4.  The usual practice in interlocutory injunctions is to order that the successful party’s costs be his costs in the cause. It should apply to the costs of 1^st and 2^nd Orders, which had been reserved by the ex parte judge and the 1^st plaintiff’s application for further discovery. Those costs will be the 1^st plaintiff’s costs in the cause.

5.  The usual practice also applies to the 2^nd plaintiff’s application. Those costs will be the 2^nd plaintiff’s costs in cause.

6.  However, the position is different on the costs in respect of the 1^st plaintiff’s applications for continuation of the 1^st and 2^nd Orders and the defendants’ applications for discharge. On the materials before me, there is ample evidence to justify the continuation of the Orders. But there is simply none to even enable the defendants to mount their applications for discharge. The defendants ought not have opposed the 1^st plaintiff’s applications or mounted their applications. In such circumstances, costs should follow the event. I will order the defendants to pay the 1^st plaintiff’s costs of the applications for continuation and discharge forthwith, to be taxed if not agreed.

7.  Finally, there will be a certificate for two counsel for the costs orders that I made above where applicable.