Redland Precast Concrete Products (China) Ltd v. Permasteelisa Hong Kong Ltd
Read the full judgment text of HCCT 35/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 November 2020 before Hon Mimmie Chan J.
Construction and arbitration proceedings — Sanctioned payment made 14 months before trial after discovery and witness statements exchanged — Application for orders under O 22 r 23 (3) and (4) RHC — Court found no injustice in granting the orders given early payment and procedural context — Variation of interest on costs ordered at 2% above judgment rate from 6 April 2020 to judgment date, thereafter at judgment rate — Plaintiff ordered to pay costs of application on indemnity basis, taxed if not agreed — Outcome: Defendant’s summons granted with specified variations in interest and costs orders.
Legal issues: Order under O 22 r 23 (3) and (4) RHC regarding sanctioned payment · Interest rate and costs order variation
Outcome: The court granted the Defendant’s summons with variation orders concerning interest on costs and costs of application.
Cited by 3 cases · Cites 1 case
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HCCT 35/2018 [2020] HKCFI 2872 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS NO 35 OF 2018 ______________
______________ Before: Hon Mimmie Chan J in Chambers Dates of Written Submissions: 14 and 19 October 2020 Date of Ruling: 11 November 2020 ____________ R U L I N G ____________ 1.Having considered the fact that the sanctioned payment was made at an early stage (14 months before trial), at a time when discovery had been completed and witness statements had been exchanged and the Plaintiff would reasonably have been able to review the strengths and weaknesses of its case, I see nothing unjust in making the orders under O 22 r 23 (3) and (4) RHC. 2.I grant an order in terms of the Summons issued by the Defendant, save that interest on costs shall be at 2% above judgment rate from 6 April 2020 up to the date of judgment (and thereafter at judgment rate from the date of judgment until payment), and costs of the application for variation to be paid by the Plaintiff, to be taxed if not agreed on indemnity basis, with interest at the same enhanced rate allowed.
Ms Queenie Ng, instructed by KH Lam & Co, for the plaintiff Ms Jacquelyn Ng, instructed by Ince & Co, for the defendant |
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