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.
Costs — Variation of costs order nisi — Interlocutory injunction proceedings — Immediate payment of costs — Unreasonable refusal to accept offer — Application for costs payable forthwith. The plaintiff SKYHIGH INVESTMENT LIMITED obtained an interlocutory injunction against the 2nd Defendant, YU MENGYING, with costs after 8 October 2019 awarded against her. The defendant resisted an offer to continue an Undertaking which, if accepted, would have avoided these costs. The court held under the CJR it was appropriate to order immediate payment of the interlocutory costs as a sanction against unnecessary interlocutory applications and refusal to accept reasonable offers. The costs incurred from October 2019 to May 2020 involving 2 counsel were severable and could be separately taxed and enforced without waiting for trial outcome, which was not imminent. The court ordered the costs payable forthwith by the 2nd Defendant together with costs of the variation application. No other variation was made.
Legal issues: Variation of costs order for interlocutory proceedings
Outcome: The court granted the variation application ordering immediate payment of the costs incurred by SKYHIGH INVESTMENT LIMITED after 8 October 2019, including costs for 2 counsel, to be paid forthwith by the 2nd Defendant (YU MENGYING). Costs of the application for variation are also payable by the 2nd Defendant.
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