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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)
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IN THE MATTER OF the property known as ALL THOSE 59 equal undivided 844th 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 5th 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 16th August 2019 and registered in the Land Registry by Memorial No.19090201690078 (‘the Mortgage’) |
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and |
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IN THE MATTER OF a Second Legal Charge in respect of the Mortgaged Property dated 16th August 2019 and registered in the Land Registry by Memorial No. 19090201690095 (‘the Second Legal Charge’) |
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and |
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IN THE MATTER OF a Deed of Guarantee dated 22nd May 2022 by Jovial Link Holdings Limited (‘the 1st Deed of Guarantee’) |
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and |
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IN THE MATTER OF a Deed of Guarantee dated 14th August 2019 by Chen Family Assets Management Company Limited (‘the 2nd Deed of Guarantee’) |
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and |
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IN THE MATTER OF a Deed of Guarantee dated 14th August 2019 by Chen Hong Tian and Chen Li Ni Yao (‘the 3rd Deed of Guarantee’) |
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and |
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IN THE MATTER OF a Deed of Guarantee by Jovial Link Holdings Limited (‘the 4th Deed of Guarantee’) |
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and |
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IN THE MATTER OF a Deed of Guarantee dated 14th August 2019 by Chen Family Assets Management Company Limited (‘the 5th Deed of Guarantee’) |
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and |
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IN THE MATTER OF a Deed of Guarantee dated 14th August 2019 by Chen Hong Tian and Chen Li Ni Yao (‘the 6th Deed of Guarantee’) |
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and |
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IN THE MATTER OF Order 88 and Order 28 of the Rules of the High Court (Cap. 4A) |
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BETWEEN
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BANK OF COMMUNICATIONS COMPANY LIMITED |
Plaintiff |
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and |
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VICTORY SEASON LIMITED |
1st Defendant |
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KAI KIN HOLDINGS LIMITED |
2nd Defendant |
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JOVIAL LINK HOLDINGS LIMITED |
3rd Defendant |
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CHEN FAMILY ASSETS MANAGEMENT COMPANY LIMITED |
4th Defendant |
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CHEN HONG TIAN |
5thDefendant |
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CHEN LI NI YAO |
6thDefendant |
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| Before : |
Hon Cheung, Barma and Chow JJA in Court |
| Date of Decision : |
6 December 2024 |
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SUMMARY ASSESSMENT OF COSTS
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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
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(Aarif Barma)
Justice of Appeal
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(Anderson Chow)
Justice of Appeal
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1st, 5th and 6th Defendants, unrepresented, acting in person
Tsang, Chan & Wong, for the Plaintiff
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