Read the full judgment text of CACV 192/2014 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 7 March 2016 before Hon Lam VP, Barma JA.
Costs — Civil procedure — Split trial in contract dispute — Whether costs should follow event or be apportioned on issues — Liability and Quantum Trials costs orders challenged — Plaintiff successful overall but failed on majority of liability issues — Plaintiff’s unreasonable late reliance on Blue and Yellow drawings — Court emphasizes global view of success and reasonableness in awarding costs — Prior decisions on costs discretion and issue-based approach discussed — Costs Order setting 50% costs to Defendant on Liability Trial and 50% to Plaintiff on Quantum Trial set aside — Defendant ordered to pay 25% of Plaintiff’s costs — Court comments on disproportionate costs and long litigation timeline — Highlight of importance of realism and proportionality in litigation and mediation.
Legal issues: Costs order and successful party determination in split trial · Reasonableness of Plaintiff’s pursuit of Blue and Yellow drawings based claim
Outcome: Allow appeal against costs order; set aside previous Costs Order; Defendant ordered to pay 25% of Plaintiff’s costs; Defendant ordered to pay Plaintiff’s costs of this appeal and related applications.
Cited by 64 cases · Cites 6 cases