Read the full judgment text of HCCT 29/2019, HCA 1434/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 August 2020 before Hon Mimmie Chan J in Chambers.
Construction and arbitration — interlocutory injunction — costs order variation — immediate payment of costs — Civil Justice Reform encouragement to sanction unnecessary interlocutory applications — The Court had granted an injunction against the 2nd Defendant and ordered costs incurred after 8 October 2019 to be paid by her with certificate for 2 Counsel. Following the 2nd Defendant’s refusal to accept an offer thereby causing these costs, Skyhigh sought variation for immediate payment of costs. The Court held that immediate payment was justified as the costs were severable and deferral until trial conclusion was unfair. The application was granted to vary the costs order to require immediate payment, including costs for this application. The order strikes a balance between sanctioning unwarranted interlocutory conduct and ensuring fair cost recovery. No other variation was made.
Legal issues: Whether immediate payment of interlocutory costs should be ordered
Outcome: Application to vary costs order granted; costs to be paid forthwith by the 2nd Defendant
Cited by 3 cases · Cites 1 case