CCIG CREDIT LTD FORMERLY KNOWN AS CASHING CREDIT LTD v. NG CHIN HUNG

HCA 1760/2016

[2018] HKCFI 2094

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1760 OF 2016

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D E C I S I O N

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1.  Applicant seeks to vary costs order nisi dated 22 December 2017 so that he be entitled to costs of the Applicant’s Summons with certificate for counsel.

2.  This Court has considered all submissions by the parties and would make the costs order nisi absolute.

3.  This Court takes the view that the Plaintiff was only made aware of the material facts, i.e. the nature of the money in the bank account, supported with documents from the Applicant after the filing of the Affirmation of the Appellant on 8 December 2016, followed by clarification by the Applicant upon the filing of the 2^nd Affirmation on 14 June 2017.

4.  The Plaintiff should not be expected to speculate reasons for the inconsistency in the evidence as presented by the Applicant, especially in circumstances where there is reasonable suspicion as to whether there has been delay in taking out Letters of Administration of the estate of their late father, and if so, reasons therefor or whether in fact there has already been de facto administration of the estate, absent proper administration papers as it would affect nature of monies in the subject joint bank account.

5.  Next, coming to the claim for certificate for counsel. Though both parties had chosen to engage counsel, this is a case where there has been no development in law concerning the relevant legal principles involved and as said by the Applicant, the law in the area is settled. Accordingly, there is no justification for counsel’s certificate.

6.  Application for variation of costs order nisi refused. Costs of the application be to the Plaintiff to be borne by the Applicant, summarily assessed at $5,000.