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CAMP 139 & 140/2024, [2024] HKCA 851
On appeal from [2024] HKCFI 1752
(Heard together)
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NOS 139 AND 140 OF 2024
(ON AN INTENDED APPEAL FROM HCA NO 1664 OF 2020)
________________________
BETWEEN
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SINOSTATE ENTERPRISES LIMITED |
1st Plaintiff |
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NATIONAL ENTERPRISES PACIFIC LIMITED (國豐企業(香港)有限公司) |
2nd Plaintiff |
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SINO EDGE LIMITED
(天寶行實業有限公司) |
3rd Plaintiff |
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and |
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KINGS PARADISE LIMITED |
1st Defendant |
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PAMELA MING CHU LEUNG also known as LEUNG MING CHU (梁明珠), also known as KAO LEUNG MING CHU |
2nd Defendant |
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LEUNG CHEUK HUNG (梁卓雄), administrator of the estate of LEUNG KONG (梁剛), deceased |
3rd Defendant |
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LEUNG CHEUK HUNG (梁卓雄) , sole executor of the estate of TSO YEE MAN
(曹綺雯), deceased |
4th Defendant |
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LEUNG CHEUK HUNG (梁卓雄) |
5th Defendant |
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CHEUNG HUI ZHU LIANG (梁慧珠) |
6th Defendant |
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LUCY LAM
also known as UNGAY JOPEN LUCY
(吴露絲), also known as 梁颖珠 |
7th Defendant |
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XIAO XIAO HONG (肖曉紅) |
8th Defendant |
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TSO KWAI LAN (曹桂兰) |
9th Defendant |
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LAM O. HEATHER |
10th Defendant |
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CHEUNG TINA |
11th Defendant |
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LAM YIU B. (林耀斌),
also known as LAM YIU BUN,
also known as LAM YIU BEN,
also known as LAM YIU BIN |
12th Defendant |
________________________
(Heard together)
| Before: |
Hon Kwan VP and Chow JA in Court |
| Date of Decision on Costs: |
4 September 2024 |
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DECISION ON COSTS
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Hon Kwan VP (giving the Decision on Costs of the Court):
1. On 14 August 2024, we handed down our judgment refusing to grant leave to the 2nd defendant, and the 3rd to 5th defendants, to appeal against the decision of DHCJ Reyes SC refusing to order the plaintiffs to provide security for costs for a seven-day trial. We made an order nisi that the 2nd defendant and 3rd to 5th defendants do pay the plaintiffs’ costs of this application and directed the plaintiffs to lodge a statement of costs for summary assessment, with leave to the defendants to lodge their objections seven days thereafter.
2. The plaintiffs have lodged a statement of costs against the 2nd defendant in the sum of $45,960 and another statement of costs against the 3rd to 5th defendants in the sum of $42,139.
3. The 2nd defendant has lodged objections on 23 August but the 3rd to 5th defendants have not done so before the prescribed time.
4. We assess the plaintiffs’ costs against the 2nd defendant at $34,360 and against the 3rd to 5th defendants at $33,429.
| (Susan Kwan) |
(Anderson Chow) |
| Vice President |
Justice of Appeal |
Simon C W Yung & Co, for the 1st to 3rd Plaintiffs (Respondents)
Chaine, Chow & Barbara Hung, for the 2nd Defendant (Applicant)
Lam & Lai, for the 3rd to 5th Defendants (Applicants)
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