Case Details

Citation

ETON PROPERTIES LIMITED AND ANOTHER v. 廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司, FACV 3/2019

Case Number

FACV 3/2019

Registry reference: FACV3A/2019

Court

Court of Final Appeal

(CFA)

Decision Date

16 December 2020

Parties

Applicant(s):

ETON PROPERTIES LIMITED AND ANOTHER

Respondent(s):

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司

For Applicant(s):

Written submissions by Mr Bernard Man SC, Mr Justin Ho and Mr James Man, instructed by Anthony Siu & Co.

Judges

Ribeiro
Fok
Cheung
Bokhary
Lord Sumption

ETON PROPERTIES LIMITED AND ANOTHER v. 廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司

[2020] HKCFA 39

Court of Final Appeal16 December 2020

Judges:RibeiroFokCheungBokharyLord Sumption

FACV3A/2019 ETON PROPERTIES LIMITED AND ANOTHER v. 廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司

FACV Nos. 3 and 5 of 2019

[2020] HKCFA 39

FACV No. 3 of 2019

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 3 OF 2019 (CIVIL)

(ON APPEAL FROM CACV NO. 158 OF 2012)

________________________

BETWEEN

	廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司	Plaintiff (Respondent)
	and
	ETON PROPERTIES LIMITED (裕景興業有限公司)	1^st Defendant (1^st Appellant)
	ETON PROPERTIES (HOLDINGS) LIMITED (裕景興業(集團)有限公司)	2^nd Defendant (2^nd Appellant)
	ETON PROPERTIES GROUP LIMITED formerly known as ETON PROPERTIES (INTERNATIONAL) LIMITED	3^rd Defendant
	LEGEND PROPERTIES (XIAMEN) COMPANY LIMITED (利景興業(廈門)有限公司), a limited company incorporated in Hong Kong	4^th Defendant
	LEGEND PROPERTIES (XIAMEN) COMPANY LIMITED (利景興業(廈門)有限公司), a foreign-owned enterprise incorporated in the People’s Republic of China	5^th Defendant
	TAN LUCIO C (陳永栽)	6^th Defendant
	CHUA DOMINGO (蔡黎明)	7^th Defendant
	TAN ENG LIEN MARIANO (陳永年)	8^th Defendant
	KWAN KIE YIP (關基業)	9^th Defendant
	CHEUNG CHI MING (張志明)	10^th Defendant
	MOK PUI HONG (莫沛杭)	11^th Defendant

________________________

FACV No. 5 of 2019

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 5 OF 2019 (CIVIL)

(ON APPEAL FROM CACV NO. 158 OF 2012)

________________________

BETWEEN

	廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司	Plaintiff (Appellant)
	and
	ETON PROPERTIES LIMITED (裕景興業有限公司)	1^st Defendant (1^st Respondent)
	ETON PROPERTIES (HOLDINGS) LIMITED (裕景興業(集團)有限公司)	2^nd Defendant (2^nd Respondent)
	ETON PROPERTIES GROUP LIMITED formerly known as ETON PROPERTIES (INTERNATIONAL) LIMITED	3^rd Defendant (3^rd Respondent)
	LEGEND PROPERTIES (XIAMEN) COMPANY LIMITED (利景興業(廈門)有限公司), a limited company incorporated in Hong Kong	4^th Defendant (4^th Respondent)
	LEGEND PROPERTIES (XIAMEN) COMPANY LIMITED (利景興業(廈門)有限公司), a foreign-owned enterprise incorporated in the People’s Republic of China	5^th Defendant
	TAN LUCIO C (陳永栽)	6^th Defendant (5^th Respondent)
	CHUA DOMINGO (蔡黎明)	7^th Defendant
	TAN ENG LIEN MARIANO (陳永年)	8^th Defendant
	KWAN KIE YIP (關基業)	9^th Defendant
	CHEUNG CHI MING (張志明)	10^th Defendant
	MOK PUI HONG (莫沛杭)	11^th Defendant

________________________

(HEARD TOGETHER)

Before: Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Cheung PJ, Mr Justice Bokhary NPJ and Lord Sumption NPJ

Date of Ruling on Costs: 16 December 2020

________________________

RULING ON COSTS

________________________

Mr Justice Ribeiro PJ:

1. This is the Court’s Ruling as to costs.

2. Pursuant to paragraph 182 of the Judgment,[1] the parties have lodged written submissions as to costs. Having considered those submissions the Court makes the following Orders.

3. The Court having dismissed the appeal of D1 and D2 in FACV 3 of 2019, it is Ordered that D1 and D2 should pay P the costs of that appeal, certified fit for four counsel.

4. The Court having dismissed P’s appeal in FACV 5 of 2019 it is Ordered:

(a) in favour of D1 and D2, that P should pay the costs of that appeal, certified fit for four counsel;

(b) in favour of D3 and D4, that P should pay the costs of that appeal, certified fit for two counsel;[2]

(c) in favour of D6, that P should pay the costs of that appeal, certified fit for two counsel.

(R A V Ribeiro)	(Joseph Fok)	(Andrew Cheung)
Permanent Judge	Permanent Judge	Permanent Judge

(Kemal Bokhary)	(Lord Sumption)
Non-Permanent Judge	Non-Permanent Judge

FACV 3/2019

Written submissions by Mr Richard Khaw SC and Ms Bonnie Y K Cheng, instructed by Mayer Brown, for the 1^st and 2^nd Defendants (1^st and 2^nd Appellants)

Written submissions by Mr Bernard Man SC, Mr Justin Ho and Mr James Man, instructed by Anthony Siu & Co., for the Plaintiff (Respondent)

FACV 5/2019

Written submissions by Mr Bernard Man SC, Mr Justin Ho and Mr James Man, instructed by Anthony Siu & Co., for the Plaintiff (Appellant)

Written submissions by Mr Richard Khaw SC and Ms Bonnie Y K Cheng, instructed by Mayer Brown, for the 1^st and 2^nd Defendants (1^st and 2^nd Respondents)

Written submissions by Mr Paul Shieh SC and Ms Elizabeth Cheung, instructed by Wilkinson & Grist, for the 3^rd and 4^th Defendants (3^rd & 4^th Respondents)

Written submissions by Ms Kate Poon, instructed by Baker & McKenzie, for the 6^th Defendant (5^th Respondent)

[1] Ribeiro, Fok and Cheung PJJ, Bokhary and Lord Sumption NPJJ [2020] HKCFA 32 (9 October 2020).

[2] Generally the practice of the Court is not to require certification for two counsel. These Orders are made for the avoidance of doubt.

ETON PROPERTIES LIMITED AND ANOTHER v. 廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司

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