Read the full judgment text of HCCT000025A/1996 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 December 1997 before The Hon Mr Justice Findlay.
Court of First Instance — contract dispute — preliminary issue trial — binding nature of agreement dated 23 September 1994 — amendment of pleadings — wasted costs — indemnity costs awarded. The plaintiffs sued the defendant under an alleged agreement of 23 September 1994. Initially, two actions were consolidated to try the preliminary issue of liability. Flexiwall amended its pleadings to rely upon an earlier oral agreement, rendering the preliminary issue in one action different and prompting deconsolidation. The court held that Flexiwall must bear the wasted costs caused by this amendment. In the other action, after partial trial, the defendant conceded that the 23 September 1994 agreement was binding, but had initially raised meritless defences. The court found that it was just and proper for the defendant to pay the plaintiffs' costs on an indemnity basis to be taxed and paid forthwith, to compensate fully for costs incurred unnecessarily. Orders were made accordingly, ensuring the plaintiffs would not bear the financial burden caused by the defendant's unjustified resistance and Flexiwall's amendments.
Legal issues: Costs of preliminary issue after amendment of pleadings
Outcome: Flexiwall ordered to pay wasted costs in CON 64. Defendant in CON 25 ordered to pay plaintiffs' costs of preliminary issue on an indemnity basis to be taxed and paid forthwith.