Read the full judgment text of HCMP 3396/2015 on BabelCite. This Court of First Instance judgment was delivered on 19 March 2018 before B Chu J.
Civil procedure – costs of failed committal application – whether Court of Appeal judgment admissible in costs exercise – whether exceptional circumstances justify departure from usual costs order – High Court Ordinance s.52A – Order 62 RHC – wide discretion exercised on fixed principles – Computer Machinery Ltd v Drescher – evidence relevant to costs admissible even if not at trial – CA Judgment binding on lower court – Court of Appeal found no breach of undertaking – Court of Appeal found disclosure order had inherent problems and should not have been made – contempt proceedings should never have been brought – committal as last resort – alternative remedy through receivership – duty of full and frank disclosure – non-disclosure of 26.10.15 letter – plaintiffs ordered to pay defendants' costs of the proceedings – costs of costs argument and reserved costs included – certificate for two counsel
Legal issues: Admissibility of Court of Appeal findings in costs exercise · Whether exceptional circumstances justify departure from usual costs order
Outcome: Plaintiffs ordered to pay defendants' costs of the committal proceedings, with no exceptional circumstances found to depart from the usual costs order.
Cited by 8 cases · Cites 1 case