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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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BETWEEN
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CHINA HEALTH GROUP LIMITED |
Plaintiff |
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AND |
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CHIU & PARTNERS (A firm) |
Defendant |
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| Before: |
Hon Anthony Chan J in Chambers |
| Date of Hearing: |
25 March 2024 |
| Date of Decision: |
25 March 2024 |
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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.
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( Anthony Chan ) |
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Judge of the Court of First Instance High Court |
Mr Joseph Wong, instructed by Johnnie Yam, Jacky Lee & Co., for the Plaintiff
Mr Adrian TY Wong, instructed by Chiu & Partners, for the Defendant
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