CHINA HEALTH GROUP LTD v. CHIU & PARTNERS (A firm)

HCA 891/2022

[2024] HKCFI 943

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 891 OF 2022

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DECISION ON COSTS

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1.  I accept the Plaintiff’s submission that the Abuse of Process Ground and Limitation Ground which had failed in the Plaintiff’s appeal were complex (see §45 of the Decision dated 27 November 2023)  and had taken up significant time and resources to resolve. They were distinct and separate grounds for the stike out application of the Defendant.

2.  In the premises, the issue-based approach on costs (see In re Elgindata (No 2)  [1992] 1 WLR 1207 at 1214B)  is justified.

3.  Exercising my discretion on a boardbrush approach, I vary the costs order nisi such that 50% of the costs of and occasioned by the Plaintiff’s appeal be paid by the Plaintiff, with a certificate for 2 counsel, to be taxed if not agreed.

4.  The Plaintiff has made clear that it is not pressing for the relief sought in §1(1)  of its Summons filed on 11 December 2023. I see no basis to revisit the costs order below in this application.

5.  I shall hear the parties on the costs of the Summons.