Read the full judgment text of HCA 823/2023 & HCCT 51/2023 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 May 2024 before Anthony Chan J.
Costs — Injunction summons withdrawal — Whether costs should be awarded on indemnity basis — Timing of taxation and payment of costs — Plaintiff sought injunctions to stop defendants setting up new distribution — Defendants argued costs should be on indemnity basis due to delay and inevitable failure of injunction — Court held no indemnity costs as Plaintiff's application was timely after significant events in May 2023 and withdrawal delay was not sufficiently blameworthy — Court ordered costs to be taxed on party and party basis and paid forthwith — Applies principles from Town Planning Board v Society for Protection of the Harbour Ltd (No 2) (2004) 7 HKCFAR 114 — Emphasises costs related to withdrawal summons as discrete and ought not await trial conclusion.
Legal issues: Costs on indemnity basis · Timing of taxation and payment of costs
Outcome: 申請人須支付禁制令申請及撤回申請的訴訟費用予被告，費用按雙方協議或交由稅務員核數後即時支付。
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