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Skyhigh Investment Ltd v Yu Jun And Others

Judgment Cited in Precedent Map Related
Vincent
Judgment Date24 August 2020
Neutral Citation[2020] HKCFI 2135
Year2020
Judgement NumberHCCT29/2019
Subject MatterConstruction and Arbitration Proceedings
CourtCourt of First Instance (Hong Kong)
HCCT29A/2019 SKYHIGH INVESTMENT LTD v. YU JUN AND OTHERS

HCCT 29/2019
HCA 1434/2019
(dealt with together)

[2020] HKCFI 2135

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NO 29 OF 2019

______________

IN THE MATTER of Section 21L of the High Court Ordinance, Cap 4

and
IN THE MATTER of Section 45 of the Arbitration Ordinance, Cap 609

and
IN THE MATTER of an arbitration agreement made between, amongst others, the Plaintiff and the 1st to 3rd Defendants in an Amended and Restated Shareholders Agreement dated 13 October 2014

________________________

BETWEEN
SKYHIGH INVESTMENT LIMITED Plaintiff

and
YU JUN 1st Defendant
YU MENGYING 2nd Defendant
YUJIME INVESTMENT MANAGEMENT LIMITED 3rd Defendant

________________________

AND

HCA 1434/2019

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1434 of 2019

____________

BETWEEN
YU MENGYING Plaintiff

and
SKYHIGH INVESTMENT LIMITED Defendant
____________
(dealt with together)
Before: Hon Mimmie Chan J in Chambers
Dates of Written Submissions: 28 July, 4 & 7 August 2020
Date of Decision: 24 August 2020

______________

D E C I S I O N

______________

1. In the Decision handed down on 1 June 2020, this Court granted the injunction orders against the 2nd Defendant, with the order that she should pay the costs incurred after 8 October 2019 up to and including the hearing on 22 May 2020, with certificate for 2 Counsel, and the remainder of the costs of the application for the injunction to be in the cause.

2. The nomenclature in the Decision is adopted.

3. Skyhigh by its summons issued on 12 June 2020 seeks variation of the costs order nisi, for the costs ordered against the Daughter to be paid forthwith.

4. I accede to this application for the following reasons.

5. As highlighted by Skyhigh, the Court is encouraged under the CJR to order immediate payment of costs of interlocutory proceedings, as a sanction against unnecessary and disproportionate interlocutory applications and unwarranted resistance to interlocutory applications.

6. It is apparent from the Decision that the costs incurred after 8 October 2019 were ordered to be paid by the Daughter, since Skyhigh had offered then that the Summons for interlocutory relief could be resolved by the Daughter’s Undertaking being...

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