Read the full judgment text of CACV 199 /2020 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 24 March 2021 before Hon Kwan VP.
Costs — Appeal against enforcement of arbitration award — Whether indemnity costs appropriate for abuse of court process — Appeal dismissed for lack of merits and as abuse of appeal procedure — Court emphasized broad discretion on indemnity costs, rejecting narrow criteria — Respondent mounted appeal and stay application without reasonable prospects to delay enforcement — After dismissal of stay, respondent offered to withdraw appeal with no order costs but applicant refused — Indemnity costs ordered to compensate for wasted judicial resources and delay. The enforcement related to a US$2.2 million arbitration award made by Shenzhen Arbitration Commission. Lower court decisions upheld enforcement and dismissed challenges with costs. Appeal abandoned after hearing fixed. Indemnity costs awarded following established principles in Town Planning Board v Society for Protection of the Harbour Ltd. Appeal dismissed with indemnity costs ordered against the respondent.
Legal issues: Whether indemnity costs should be ordered
Outcome: The appeal was dismissed and indemnity costs were ordered against the respondent.
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