Read the full judgment text of CACV 9/2020 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 4 June 2020 before Hon Kwan VP.
Costs dispute in appeal proceedings—plaintiffs sought costs for variation summons and consent summons following defendant’s failure to include security for costs summons in dismissal request and opposing variation—defendant contended variation summons was unnecessary and an abuse of process—court held variation summons was necessary due to defendant’s unreasonable opposition and continuing negotiation process—defendant’s partial and late concessions insufficient to negate costs incurred—defendant ordered to pay costs on party and party basis—no order made for other disputed costs. Decision clarifies procedural approach to variation of costs orders in appeal and enforcement of costs orders amidst negotiation.
Legal issues: Costs of variation summons and consent summons
Outcome: The defendant ordered to pay the costs of the plaintiffs’ summons for variation dated 27 April 2020 and the Consent Summons on a party and party basis.