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Hong Kong
Ng Yiu Chi v Ng Kwok Piu Philip
[2024] HKCFI 3552
Key Principle
On an application to set aside a statutory demand founded on costs orders, the court gave guidance on whether multiple parties' liability (and the corresponding receiving parties' entitlement) for costs under a costs order is joint and several. Absent an apportionment in the order, the costs are treated as a joint debt, so a receiving party may claim the whole sum, and a paying party who advanced a common case in concert with co-parties is jointly and severally liable; whether liability is joint and several is ultimately a question of construction of the costs order in light of the parties' conduct.
Area of Law
procedure
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