TIANJIN JINFU EXPRESSWAY CO LTD v. LUCKY MONEY LTD AND OTHERS

HCA447/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.447 OF 2006

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ORDER FOR COSTS

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1. The question on costs is whether the costs of this action payable to the plaintiff today should be borne by Kwong Ian.  I have no doubt that I have jurisdiction both under section 168BI(1) of the Companies Ordinance, Cap. 32 as well as under section 52A(2) of the High Court Ordinance, Cap. 4, and I cannot see how I should refrain from exercising my discretion in favour of the plaintiff against the party which has brought about this contest and which it has lost.

2. Mr Ng has asked me to reserve the costs to Madam Justice Kwan so that when she, as the Companies Judge, might see the whole picture.  But this is a self-confined dispute and has resulted in a judgment in favour of the plaintiff notwithstanding the intervention and resistance of Kwong Ian.  Kwong Ian is the party which has caused all the costs being incurred.  It is not only costs causative but it is about as bad a case as I can see of the intervener causing the winning party to incur a great deal of costs.  It is such an unusual step taken by Kwong Ian to intervene in this way to prevent a straightforward Order 14 being obtained.  I can see no reason why I should leave this matter to Madam Justice Kwan and I do not see how she would be on top of all the considerations as to why costs should not be given against Kwong Ian.

3. In my view, Kwong Ian should bear the costs of the whole action, including the costs of 17 July 2007, to be taxed if not agreed, with certificate for two counsel.