King & Wood Mallesons review the Hong Kong High Court’s 2019 decision in Ng Yuk Pui Kelly v Dung Wai Man, where the Court revisited the court’s approach to ordering a non-party to pay the costs of proceedings pursuant to section 52A(2) of the High Court Ordinance. The authors note that the decision serves as a reminder that the court has the power to join a non-party as a defendant for the purpose of costs on its own motion.
About Phillip Rompotis
Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.View