Read the full judgment text of HCCT1/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 18 March 2004 before Deputy High Court Judge Muttrie.
Construction law — Subcontract dispute — Contract repudiation — Costs — Trial adjournment due to inadequate preparation — Defendant failed to timely prepare leading to trial postponement — Plaintiff sought indemnity costs for adjournment; court held no basis for indemnity costs absent scandalous or malicious conduct — Court accepted defendant's fault caused delay and awarded gross sum costs of HK$220,000 — Principles of gross sum costs explained with reference to Leary v. Leary and Fairview Park — Costs include counsel’s emergency work fees and solicitor attendance — Defendant’s commercial decision to bear costs recognised — Outcome affirms balance between fair compensation for delay and restraint in awarding indemnity costs.
Legal issues: Adjournment costs on indemnity basis · Gross sum costs for trial adjournment
Outcome: Plaintiff awarded gross sum costs of $220,000.00 for trial adjournment caused by defendant's lack of preparation; indemnity costs refused.