Read the full judgment text of HCCT 31/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 April 2019 before Mr Recorder Eugene Fung SC.
Costs — Indemnity costs — Ex parte injunction — Material non-disclosure — Variation of costs order — Immediate payment — Arbitration proceedings — The court discharged the ex parte injunction previously granted to the plaintiffs on the basis of serious and deliberate material non-disclosures. The defendants sought variation of the costs order to require costs on an indemnity basis and immediate payment. The court held that while material non-disclosure alone does not generally mandate indemnity costs, deliberate and serious breaches justify such an order. The findings of serious and deliberate non-disclosures led to an order that plaintiffs pay defendants' costs on an indemnity basis. Considering the substantial costs and lack of trial prospect after discharge, the costs were ordered to be paid forthwith. Costs of reserved hearings necessitated by the plaintiffs’ injunction application were also included. The Variation Summonses were allowed, with detailed variation of costs orders. This decision clarifies the approach to indemnity costs and timing of payment following discharge of ex parte injunctions in arbitration-related proceedings.
Legal issues: Costs on indemnity basis for ex parte injunction discharged due to material non-disclosures · Immediate payment of costs following discharge of ex parte injunction · Inclusion of costs for reserved hearings in costs order
Outcome: Variation Summonses allowed; costs ordered on indemnity basis against plaintiffs payable forthwith.
Cited by 7 cases · Cites 1 case