Read the full judgment text of CACV 194/2023 on BabelCite. This Court of Appeal judgment was delivered on 29 November 2024 before Poon CJHC, Au JA, Chow JA.
Civil procedure – costs – variation of costs order nisi – strike out application – free-standing injunction – harassment – appeal – discretion – no order as to costs – summary assessment. The Plaintiff successfully appealed against the dismissal of its claim for harassment. The Court of Appeal allowed the appeal and made an order nisi for no order as to costs. The Plaintiff applied to vary the order nisi to obtain costs from the Defendant. The court considered the matter afresh and held that the Plaintiff's success was largely based on a new ground not relied on below. The court exercises a broad discretion on costs and declined to lay down any rule that a successful respondent in a strike out application is automatically entitled to costs. The application was dismissed and the order nisi was made absolute. The Defendant was awarded costs of the summons summarily assessed at HK$29,696.
Legal issues: Variation of costs order nisi after successful appeal
Outcome: Plaintiff's summons to vary costs order nisi dismissed; order nisi made absolute.
Cited by 5 cases · Cites 1 case