Read the full judgment text of HCCT 45/2022 on BabelCite. This High Court CFI judgment was delivered on 2 December 2025 before Recorder Eva Sit SC.
Costs—Discontinuance—Construction and arbitration proceedings—Plaintiff discontinued action against former employee Defendant alleging breach of employment contract and fiduciary duties—Second cause of action settled in related proceedings—Remaining cause of action based on alleged use of confidential information dated after employment ended—Court finds no settlement agreement between parties—No good reason to depart from usual rule that discontinuing party pays costs—Plaintiff ordered to pay Defendant’s costs of whole action and summons—Costs assessed on gross sum basis. The Plaintiff is a contractor and Defendant its former site agent until 2014. The Plaintiff’s second cause of action related to breach of fiduciary duty was settled in separate proceedings. The remaining claim for breach of employment contract was demurrable because the confidential information was created after Defendant ceased employment. Communications between Plaintiff and Ming Lee did not constitute a settlement with Defendant. The court exercised discretion under Order 21 rule 3 to order costs against Plaintiff. Action discontinued with costs awarded to Defendant.
Legal issues: Costs liability on discontinuance
Outcome: The action HCCT 45 of 2022 is discontinued; Plaintiff ordered to pay the Defendant’s costs of the summons dated 18 November 2025 and of the entire action.