Read the full judgment text of HCCT 36/2018 & HCCT 37/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 September 2021 before Hon Mimmie Chan J.
Construction and arbitration proceedings between COLMAT CONSTRUCTION AND ENGINEERING COMPANY LIMITED and MINMETALS CONDO (HONG KONG) ENGINEERING COMPANY LIMITED concerning disputed payment claims and counterclaims underwent consolidation for trial. After judgment on 26 July 2021, parties were directed to agree a final order and address costs and errors. Key issues included correcting manifest numerical errors in the judgment sums consistent with expert evidence under Order 20 rule 11 RHC, and entitlement to enhanced interest and indemnity costs arising from the Plaintiff’s failure to respond to a sanctioned offer per Order 28 rule 24. The Court corrected errors dated in paragraphs 117, 160, and 176 of the judgment figures. Interest was awarded at prime plus 1% until the date of the sanctioned offer and increased thereafter until judgment date. Costs were apportioned to reflect the Defendant as the overall successful party with 50% of costs payable by the Plaintiff pre-sanctioned offer and indemnity costs awarded post-offer with interest. Costs of the interest and costs application were awarded against the Plaintiff on a party and party basis. The Court ordered filing of a draft judgment order within seven days to reflect the findings and incorporate undisputed sums.
Legal issues: Correction of manifest errors in judgment sums · Enhanced interest and costs following failure to beat sanctioned offer · Costs order and apportionment
Outcome: The Court corrected manifest errors in monetary sums in the judgment as specified; granted Defendant enhanced interest and indemnity costs post-sanctioned offer date; awarded Plaintiff to pay 50% party and party costs before that date; and ordered Plaintiff to pay costs of interest and costs application to Defendant on party and party basis.
Cited by 1 case · Cites 1 case