CHUN WO CONSTRUCTION & ENGINEERING CO. LTD (1st Plaintiff (1st Claimant in Arbitrations)) v HONG KONG MACAU (ASIA) ENGINEERING CO. LTD (2nd Plaintiff (2nd Claimant in Arbitrations))

Read the full judgment text of CACV 338/2018 & CACV 431/2018 on BabelCite. This Court of Appeal judgment was delivered on 15 May 2019 before Lam VP, Cheung JA, Yuen JA.

Costs – indemnity costs – appeal against arbitral award – incompetent appeal – practice that party failing to set aside arbitral award pays indemnity costs – Gao Haiyan v. Keeneye Holdings Ltd (No. 2) [2012] 1 HKC 491 – Grand Pacific Holdings Ltd v. Pacific China Holdings Ltd (in liquidation) (No. 2) [2012] 4 HKLRD 569 – Arbitration Ordinance (Cap. 609) – CACV 338/2018 and CACV 431/2018 – plaintiffs' appeal dismissed – defendant's appeal dismissed as incompetent – both parties applied to vary costs orders – defendant ordered to pay indemnity costs in CACV 431/2018 – plaintiffs ordered to pay indemnity costs in CACV 338/2018 – costs below taxed on indemnity basis

Legal issues: Costs in appeal against arbitral award · Indemnity costs for incompetent appeal

Outcome: In CACV 431/2018, the defendant is ordered to pay indemnity costs to the plaintiffs. In CACV 338/2018, the plaintiffs are ordered to pay indemnity costs to the defendant. The costs below in HCCT 54/2017 are to be taxed on an indemnity basis.

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