Read the full judgment text of HCCT000014/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 November 1998 before The Hon Mr Justice Findlay.
Costs — Setting aside default judgment — Whether plaintiff should pay costs of setting aside application — Court considered traditional practice but emphasized importance of avoiding unnecessary opposition and costs — Defendant’s evidence showed intention to defend and procedural slip — Plaintiff’s evidence undermined its case — Court held plaintiff should have consented to setting aside rather than oppose unjustifiably — Costs after plaintiff’s consideration of defendant’s evidence to be paid by plaintiff — Costs of opposing application discouraged — Order nisi clarified accordingly — Plaintiff ordered to pay costs of this application.
Legal issues: Costs order on setting aside default judgment
Outcome: The default judgment was set aside. The plaintiff must pay the first defendant’s costs incurred after considering the defendant’s evidence; costs before that remain with the plaintiff. The plaintiff must also pay costs of the present application.