Read the full judgment text of Construction List No. 11 of 1991 on BabelCite. This HIGH COURT judgment was delivered on 19 July 1993 before The Hon. Mr. Justice Kaplan.
Costs — Construction dispute — Award of costs after judgment for plaintiff — Whether costs or any part should be awarded on a scale above party and party taxation — Principles from Overseas Trust Bank Ltd. v. Coopers and Lybrand requiring special or unusual features for indemnity costs — Mere disbelief of witnesses insufficient — Oppressive late amendment disputing validity of dayworks certificates deemed an affront to the court justifying indemnity costs for specific items — Variation Orders dispute did not justify unusual costs order — Counterclaim largely unsuccessful so no costs ordered — Result: Costs mostly taxed on standard basis except specific costs relating to dayworks issue awarded on indemnity basis, with post-judgment costs to be borne by defendant.
Legal issues: Awarding costs on scale above party and party taxation
Outcome: Costs awarded to UBC (Construction) Limited; specific cost items related to the dayworks issue to be taxed on indemnity basis; no unusual costs order for Variation Orders; no costs order on counterclaim.