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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BETWEEN
BGA HOLDINGS LIMITED
1st Plaintiff
(北⽃控股有限公司) (IN LIQUIDATION)
(formerly known as Beibu Gulf Ocean
Shipping (Group) Limited
(北部灣遠洋集團有限公司)
THE PALACE LIMITED
2nd Plaintiff
SHINING CENTRE LIMITED
3rd Plaintiff
(IN LIQUIDATION)
and
CHU KONG (朱江)
1st Defendant
COSMIC GLORY LIMITED
2nd Defendant
(also known as Ausca Group Limited)
PREMIER BRIGHT HOLDINGS LIMITED
3rd Defendant
LOHAS FINANCE LIMITED
4th Defendant
VICTORY SAIL INVESTMENTS
5th Defendant
LIMITED (利帆控股有限公司)
PLAIN SAIL HOLDINGS LIMITED
6th Defendant
(順帆控股有限公司)
KWOK KAI (郭佳)
7th Defendant
ZHU XIWU (朱錫武)
8th Defendant
LI ZONGWEI (李宗偉)
9th Defendant
HOPE BBG SHIPPING LIMITED
10th Defendant
GLORY BBG SHIPPING LIMITED
11th Defendant
CHU TIN HANG (朱天恒)
12th Defendant
________________________
Before :
Hon Cheung and Barma JJA in Court
Date of Decision :
12 December 2025
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DECISION ON COSTS
BETWEEN THE PLAINTIFFS AND
THE 12th DEFENDANT
____________________________________________
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 12th 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 12th 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.
(Peter Cheung)
Justice of Appeal
(Aarif Barma)
Justice of Appeal
Mr Justin Ho and Mr Jonathan Ng, instructed by Norton Rose Fulbright, for the 1st to 3rd Plaintiffs
Mr John Hui and Mr Adrian Lee, instructed by Michael Pang & Co, for the 12th Defendant