Read the full judgment text of HCCT 8/2016 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 September 2020 before Hon Mimmie Chan J.
Costs — Interim injunction to restrain payment under Surety Bond — Arbitration dispute over entitlement to demand under Bond and underlying construction contract — Plaintiff obtained ex parte injunction which was subsequently discharged by consent with undertakings — Arbitration tribunal found Plaintiff entitled to release from Bond owing to substantial completion of works, Defendant’s demand made under genuine mistaken belief — Plaintiff claimed indemnity costs based on alleged oppressive conduct by Defendant — Court held tribunal’s findings negated fraud or oppressive conduct claims — Costs ordered on usual party and party basis in line with tribunal's Award — Defendant ordered to pay Plaintiff’s costs of the action including interlocutory proceedings.
Legal issues: Costs order in action ancillary to Arbitration
Outcome: The costs of the action, including the costs of the ex parte application for the Order, the costs of the Summons, and the costs of the consent summons, are to be paid by the Defendant to the Plaintiff on the usual party and party basis, with certificate for Counsel.