Read the full judgment text of HCCT 42/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 November 2023 before Hon K Yeung J in Chambers.
Costs — indemnity costs — construction and arbitration proceedings — conspiracy claim dismissed — Plaintiff’s claim against 2nd and 3rd Defendants dismissed at start of trial — application for indemnity costs by 2nd and 3rd Defendants — principles from Commissioner of Inland Revenue v Poon Cho Ming John applied — special and unusual feature justified indemnity costs — Plaintiff’s conspiracy claim inherently weak and withdrawn upon acknowledgment of lack of merit — absence of expert evidence and evidential inconsistencies — court finds Plaintiff’s decision to bring claim against 2nd and 3rd Defendants lacked merit and was driven by ulterior motive — indemnity costs awarded accordingly. Outcome: Plaintiff ordered to pay costs on indemnity basis to 2nd and 3rd Defendants including costs of costs application, to be taxed if not agreed.
Legal issues: Whether indemnity costs should be awarded
Outcome: Order made that Plaintiff shall pay the 2nd and 3rd Defendants’ costs on an indemnity basis.
Cited by 3 cases · Cites 2 cases