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D
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A
declined to do so, and instead made an ex parte order joining the insurer as
a defendant under O.15, r.6(2)(b).
45.
B
C
Hong Kong Housing Authority was considered by DHCJ Poon
(as he then was) in Re Aurasound Speakers Ltd [2005] 4 HKLRD 382.
D
E
The issue there was whether the Court had jurisdiction to make an order
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for costs against a director of a company who opposed the winding up of
that company.
In the context of s.54A(2) of the Ordinance (which
governed costs against non-parties), the Court took the view that where a
party intended to seek costs against a non-party, he had to either satisfy the
Court that the non-party was in fact a “party” within the meaning of s.2 of
the Ordinance or apply to join the non-party to the proceedings. It was an
obiter dicta because the application was decided on the basis that the
director was not a party to the proceedings.
S.52A(2) had since been
amended to enable the Court to order costs against non-parties.
46.
The above authorities were cited to this Court by the parties.
With great respect, I am unable to derive much assistance from them. It
appears from §§9 and 10 of the Decision in Hong Kong Housing Authority
that the claim that the insurer was a party under s.2 of the Ordinance was
rejected on the facts of that case.
In respect of Aurasound, the dicta
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concerned the Court’s jurisdiction under s.52A(2), which was a provision
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in the Ordinance.
Here, the Court is concerned with whether Ms Chow is
a party to these proceedings bearing in mind the relevant circumstances of
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this case and the provisions under O.15, rr.4 and 6.
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